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Mississippi Code Title 91. Trusts and Estates § 91-8-507

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) A creditor or assignee of a beneficiary does not have the power to reach an interest of a beneficiary or any other person who holds an unconditional or conditional removal or replacement power over a trustee or other fiduciary. Such power over a trustee or other fiduciary is personal to the holder and shall not be exercised by the holder's creditors. No court shall direct a holder to exercise the power.

(b) Subject to Section 91-8-504(b)(3):

(1) A creditor or assignee of a beneficiary may not reach an interest of a beneficiary who is also a trustee, cotrustee or other fiduciary, or otherwise compel a distribution because the beneficiary is then serving as a trustee, cotrustee or other fiduciary; and

(2) A court may not foreclose against a beneficiary's interest described in subsection (a).

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Cite this article: FindLaw.com - Mississippi Code Title 91. Trusts and Estates § 91-8-507 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-91-trusts-and-estates/ms-code-sect-91-8-507/

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