Preview of Article:
Deferred Charitable Gift Annuity
Excluded from Bankrupt’s Estate
Court says arrangement qualifies
as spendthrift trust under Uniform Trust Code
An interest in a deferred charitable gift annuity is excluded from a bankrupt’s estate and cannot be recovered for the benefit of creditors, a bankruptcy court in Missouri has held. The Court said the annuity qualifies as a spendthrift trust under the Uniform Trust Code and is excluded by state law. (In Re: Spector, E.D. MO. Bkrptcy Ct., No. 10-45397-399, 10/26/10.)
Donna Sue Spector worked for a family and its business for many years and expected to be “taken care of” by the family during her retirement. Her employer had transferred $505,055 to Washington University in 2004 in return for a commitment to provide Spector with monthly payments of $4,166.71 (or $50,000 annually) for life beginning in 2015 when she turned 60. The amount could not be changed and was “not assignable.” It was to be governed by Missouri law.
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