Beneficiary’s Creditor Could Not Attach Lapsed Crummey Power

Judgment creditor of beneficiary of spendthrift trust could not attach trust assets and could not require distribution of beneficiary’s right to withdraw contributions to the trust because the right was not a “power of withdrawal” as defined by 20 Pa.C.S.A. § 7703 when it was limited to the federal gift tax annual exclusion (i.e., a “crummey” power) and lapsed at the end of the calendar year within the limits of I.R.C. section 2041(e) (which allows lapses of 5% or $5,000 without gift tax consequences).  The judgment creditor therefore had no standing to raise objections to the account of the trustee.  Clegg Trust, 6 Fid.Rep.3d 69 (O.C. Philadelphia 2015) (opinion by Herron, J.).

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