§ 53-12-82 - Creditors' claims against settlor
               	 		
O.C.G.A.    53-12-82   (2010)
   53-12-82.    Creditors' claims against settlor 
      Whether or not the trust instrument contains a spendthrift provision, the following rules shall apply:
      (1)  During  the lifetime of the settlor, the property of a revocable trust shall be  subject to claims of the settlor's creditors;
      (2)  With  respect to an irrevocable trust, creditors or assignees of the settlor  may reach the maximum amount that can be distributed to or for the  settlor's benefit during the settlor's life or that could have been  distributed to or for the settlor's benefit immediately prior to the  settlor's death. If a trust has more than one settlor, the amount the  creditors or assignees of a particular settlor may reach shall not  exceed the settlor's interest in the portion of the trust attributable  to that settlor's contribution; and
      (3)  After  the death of a settlor, and subject to the settlor's right to direct  the source from which liabilities shall be paid, the property of a trust  that was revocable at the settlor's death or had become irrevocable as a  result of the settlor's incapacity shall be subject to claims of the  settlor's creditors to the extent the probate estate is inadequate.  Payments that would not be subject to the claims of the settlor's  creditors if made by way of beneficiary designation to persons other  than the settlor's estate shall not be made subject to such claims by  virtue of this Code section unless otherwise provided in the trust  instrument.