HRS §554D-506
When creditors can reach overdue trust payments
If a trustee is required to pay a beneficiary but delays too long, the beneficiary's creditor can go after that unpaid amount. This only applies to required payments, not ones the trustee has discretion over.
beneficiariescreditorstrustees
The statute, as written — Overdue distribution
(a) Regardless of whether a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date. (b) As used in this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. "Mandatory distribution" does not include a distribution subject to the exercise of the trustee's discretion even if: (1) The discretion is expressed in the form of a standard of distribution; or (2) The terms of the trust authorizing a distribution couple language of discretion with language of direction.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.