HLS 10RS-391 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 40
BY REPRESENTATIVE FOIL
TRUSTS: Provides relative to trusts
AN ACT1
To enact R.S. 9:2005(3), relative to trusts; to provide for seizure of trust assets in certain2
circumstances; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 9:2005(3) is hereby enacted to read as follows: 5
ยง2005. Seizure by creditor; special claims6
Notwithstanding any stipulation in the trust instrument to the contrary, the7
proper court, in summary proceedings to which the trustee, the beneficiary, and the8
beneficiary's creditor shall be parties, may permit seizure of any portion of the9
beneficiary's interest in trust income and principal in its discretion and as may be just10
under the circumstances if the claim is based upon a judgment for:11
* * *12
(3) Damages arising from a criminal offense committed by the beneficiary13
regardless of whether the beneficiary is prosecuted or convicted of the criminal14
offense.15 HLS 10RS-391 ENGROSSED
HB NO. 40
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Foil HB No. 40
Abstract: Authorizes the seizure of trust assets if the claim is based upon a judgment for
damages arising from a criminal offense committed by the beneficiary.
Present law provides that the court may permit seizure of any portion of the beneficiary's
interest in trust income and principal if the claim is based upon a judgment for: (1) alimony,
or maintenance of a person whom the beneficiary is obligated to support, or (2) necessary
services rendered or necessary supplies furnished to the beneficiary or to a person whom the
beneficiary is obligated to support.
Proposed law retains present law and authorizes the seizure of trust assets if the claim is
based upon a judgment for damages arising from a criminal offense committed by the
beneficiary regardless of whether the beneficiary is prosecuted or convicted of the criminal
offense.
(Adds R.S. 9:2005(3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added provision specifying that prosecution or conviction of the criminal offense
is not required.