Blech

Blech v. Blech

Good Law
251 Cal. Rptr. 3d 507·38 Cal. App. 5th 941
Court of Appeal of CaliforniaAugust 15, 2019B288074California5,829 words

Opinion

Lead Opinion

Lavin, J.

*509 *944 INTRODUCTION

Although a judgment creditor may generally attempt to enforce a money judgment against most assets of a debtor, such a creditor may not reach a debtor's interest in a trust if the trust includes a spendthrift provision. In that event, the creditor must obtain an order under Probate Code 1 section 15301, subdivision (b) ( section 15301(b) ), instructing the trustee to pay the creditor once a trust disbursement is due and payable to the debtor. Related sections of the Probate Code provide additional creditor remedies and protections for trust beneficiaries.

Richard Blech 2 is the beneficiary of a spendthrift trust created by his father. The trust provides, among other things, for annual distributions of trust *945 principal over the course of 10 years. Four of Richard's judgment creditors (three of his siblings and an unrelated company) obtained an order from the probate court under section 15301(b), directing the trustee to pay a portion of Richard's 2018 principal disbursement to the creditors in partial satisfaction of their money judgments. Richard appeals.

Richard asserts four arguments in this appeal. First, he contends the court should not have…

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