Removal or Replacement Power Over Trustee or Other Fiduciary Not Reachable by Holder's Creditors — Interests of Beneficiary Who Is Also a Trustee or Other Fiduciary Not Reachable

1. Law
2. Tennessee Code
3. Fiduciaries and Trust Estates
4. Tennessee Uniform Trust Code
5. Creditor's Claims — Mandatory, Support and Discretionary Interests — Effect of Spendthrift Provision
6. Removal or Replacement Power Over Trustee or Other Fiduciary Not Reachable by Holder's Creditors — Interests of Beneficiary Who Is Also a Trustee or Other Fiduciary Not Reachable

1. No creditor or assignee of a beneficiary shall 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.
2. Subject to § 35-15-504(b)(3):
   1. No creditor or assignee of a beneficiary may 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. No court may foreclose against a beneficiary's interest described in subdivision (b)(1).

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