{"jurisdiction": "us-ny", "code": "eptl", "section": "7-3.1", "citation": "EPTL § 7-3.1", "heading": "Disposition in trust for creator void as against creditors", "text": ["§ 7-3.1 Disposition in trust for creator void as against creditors", "(a) A disposition in trust for the use of the creator is void as against the existing or subsequent creditors of the creator.", "(b) (1) For purposes of paragraph (a) of this section, all trusts, custodial accounts, annuities, insurance contracts, monies, assets or interests established as part of, and all payments from, either an individual retirement account plan which is qualified under section 408 or section 408A of the United States Internal Revenue Code of 1986, as amended, or a Keogh (HR-10), retirement or other plan established by a corporation, which is qualified under section 401 of the United States Internal Revenue Code of 1986, as amended, shall not be considered a disposition in trust for the use of the creator, even though the creator is (i) in the case of an individual retirement account plan, an individual who is the settlor of and depositor to such account plan, or (ii) a self-employed individual, or (iii) a partner of the entity sponsoring the Keogh (HR-10) plan, or (iv) a shareholder of the corporation sponsoring the retirement or other plan.", "(2) All trusts, custodial accounts, annuities, insurance contracts, monies, assets, or interests described in subparagraph one of this paragraph shall be conclusively presumed to be spendthrift trusts under this section and the common law of the state of New York for all purposes, including, but not limited to, all cases arising under or related to a case arising under sections one hundred one to thirteen hundred thirty of title eleven of the United States Bankruptcy Code, as amended.", "(3) This section shall not impair any rights an individual has under a qualified domestic relations order as that term is defined in section 414(p) of the United States Internal Revenue Code of 1986, as amended.", "(4) Additions to an asset described in subparagraph one of this paragraph shall not be exempt from application to the satisfaction of a money judgment if (i) made after the date that is ninety days before the interposition of the claim on which such judgment was entered, or (ii) deemed to be voidable transactions under article ten of the debtor and creditor law.", "(c) A provision in any trust, other than a testamentary trust or a trust which meets the requirements of subparagraph two of paragraph (b) of subdivision two of section three hundred sixty-six of the social services law and of the regulations implementing such clauses, which provides directly or indirectly for the suspension, termination or diversion of the principal, income or beneficial interest of either the creator or the creator's spouse in the event that the creator or creator's spouse should apply for medical assistance or require medical, hospital or nursing care or long term custodial, nursing or medical care shall be void as against the public policy of the state of New York, without regard to the irrevocability of the trust or the purpose for which the trust was created.", "(d) A disposition in trust shall not be considered to be for the use of the creator under paragraph (a) of this section by reason of the trustee's authority to pay trust principal to the creator pursuant to section 7-1.11 of this article. Nor shall a disposition in trust be considered to be for the use of the creator under paragraph (a) of this section where the trustee is authorized under the trust instrument or any other provision of law to pay or reimburse the creator for any tax on trust income or trust principal that is payable by the creator under the law imposing such tax or to pay any such tax directly to the taxing authorities. No creditor of a trust creator shall be entitled to reach any trust property based on the discretionary powers described in this paragraph."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/7-3.1", "from_official_api": true, "plain_english": "A trust a person sets up for his or her own use cannot shield the property from that person's creditors, with set exceptions.\n- **(a)** A disposition in trust **for the creator's own use is void against the creator's existing and later creditors**. ★\n- **(b)** Assets of and payments from qualified **IRAs (IRC § 408 or 408A)**, **Keogh (HR-10)** plans and qualified corporate retirement plans (IRC § 401) are **not** self-settled trusts, even if the creator is the depositor, self-employed, a partner or a shareholder. They are **conclusively presumed spendthrift trusts** for all purposes, including federal bankruptcy cases. This does not impair rights under a **qualified domestic relations order**. But **additions** to such assets can be taken to satisfy a money judgment if made **within 90 days before the claim was interposed**, or if they are voidable transactions under article 10 of the debtor and creditor law. ★\n- **(c)** Except in a **testamentary trust** or a trust meeting the Social Services Law § 366 requirements, a trust clause that suspends, ends or diverts the creator's or spouse's interest if either **applies for medical assistance or needs medical, hospital, nursing or long-term care** is **void as against public policy**, whether or not the trust is irrevocable.\n- **(d)** A trust is not treated as for the creator's use merely because the trustee may **pay principal to the creator under § 7-1.11**, or may **pay or reimburse the creator's tax** on trust income or principal (or pay it directly to the taxing authority) under the instrument or other law. **No creditor may reach trust property** based on these discretionary powers.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/7-3.1", "publisher": "Elyphived LLC"}