Ohio § 5805.06

§ 5805.06.

(A) Whether or not the terms of a trust contain a spendthrift provision, all of the following

apply: (1) During the lifetime of the settlor, the property of a revocable trust is subject

to claims of the settlor's creditors. (2) Except to the extent that a trust is established pursuant to, or otherwise is wholly

or partially governed by or subject to Chapter 5816. of the Revised Code, with respect

to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum

amount that can be distributed to or for the settlor's benefit.  If an irrevocable trust has more than one settlor, the amount distributable to or

for a settlor's benefit that the creditor or assignee of a particular settlor may

reach may not exceed that settlor's interest in the portion of the trust attributable

to that settlor's contribution.  The right of a creditor or assignee to reach a settlor's interest in an irrevocable

trust shall be subject to Chapter 5816. of the Revised Code to the extent that that

chapter applies to that trust. (3) With respect to a trust described in 42 U.S.C. section 1396p(d)(4)(A) or (C) , the court may limit the award of a settlor's creditor under division (A)(1) or (2)

of this section to the relief that is appropriate under the circumstances, considering

among any other factors determined appropriate by the court, the supplemental needs

of the beneficiary. (B) For purposes of this section, all of the following apply: (1) The holder of a power of withdrawal is treated in the same manner as the settlor

of a revocable trust to the extent of the property subject to the power during the

period the power may be exercised. (2) None of the following shall be considered an amount that can be distributed to or

for the benefit of the settlor: (a) Trust property that could be, but has not yet been, distributed to or for the benefit

of the settlor only as a result of the exercise of a power of appointment held in

a nonfiduciary capacity by any person other than the settlor; (b) Trust property that could be, but has not yet been, distributed to or for the benefit

of the settlor of a trust pursuant to the power of the trustee to make distributions

or pursuant to the power of another in a fiduciary capacity to direct distributions,

if and to the extent that the distributions could be made from trust property the

value of which was included in the gross estate of the settlor's spouse for federal

estate tax purposes under section 2041 or 2044 of the Internal Revenue Code or that was treated as a transfer by the settlor's spouse under section 2514 or 2519 of the Internal Revenue Code ; (c) Trust property that, pursuant to the exercise of a discretionary power by a person

other than the settlor, could be paid to a taxing authority or to reimburse the settlor

for any income tax on trust income or principal that is payable by the settlor under

the law imposing the tax.