75B-1-310. Distributions from asset protection trust.
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Effective 5/7/2025
75B-1-310. Distributions from asset protection trust.
(1)If the settlor makes more than one transfer to an asset protection trust, a distribution by the trustee is considered to be made from the most recent transfer to the trust.
(2)A trustee of an asset protection trust may convey property that is held in trust to a beneficiary of the trust, including the settlor, for the beneficiary to secure financing with a lien or other encumbrance against the property.
(3)If the property described in Subsection
(2)is reconveyed to the trustee of the asset protection trust within 60 days after the day on which the lien or other encumbrance is attached, the reconveyance is not considered a transfer to the asset protection trust for purposes of calculating the limitations period under Subsection 75B-1-307(2) or for any other purpose.
Enacted by Chapter 338 , 2025 General Session