The Discretionary Trust

A Trust established for an individual and whose distribution is subject to the Trustee’s discretion, is exempt from garnishment by a creditor. If a Trustee may make discretionary distributions to or for the benefit of the individual, a creditor of the individual, including a beneficiary’s child, spouse, or former spouse who has a judgment or court order against the beneficiary for support or maintenance, may not compel a distribution or attach or otherwise reach the Trust interest.