Ohio § 5805.05
Full text of Ohio Ohio Revised Code § 5805.05, with citation guidance and answers to common questions.
§ 5805.05.
(A) To the extent that a trust that gives a beneficiary the right to receive one or more
mandatory distributions does not contain a spendthrift provision, the court may authorize
a creditor or assignee of the beneficiary to attach present or future mandatory distributions
to or for the benefit of the beneficiary or to reach the beneficiary's interest by
other means. The court may limit an award under this section to the relief that is appropriate
under the circumstances, considering among any other factors determined appropriate
by the court, the support needs of the beneficiary, the beneficiary's spouse, and
the beneficiary's dependent children or, with respect to a beneficiary who is the
recipient of public benefits, the supplemental needs of the beneficiary if the trust
was not intended to provide for the beneficiary's basic support. If in exercising its power under this section the court decides to order either
a sale of a beneficiary's interest or that a lien be placed on the interest, in deciding
between the two types of action, the court shall consider among any other factors
it considers relevant the amount of the claim of the creditor or assignee and the
proceeds a sale would produce relative to the potential value of the interest to the
beneficiary. (B) Whether or not a trust contains a spendthrift provision, a creditor or assignee of
a beneficiary may reach a mandatory distribution the beneficiary is entitled to receive
if the trustee has not made the distribution to the beneficiary within a reasonable
time after the designated distribution date.
Frequently Asked Questions About Ohio § 5805.05
What does Ohio Revised Code § 5805.05 cover?
Section 5805.05 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5805.05?
A common citation format is "Ohio Revised Code § 5805.05" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5805.05 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.