9080 / If the Delaware law requirements limiting the ability of creditors to reach trust assets have been satisfied, can a creditor still bring a claim against those assets?

Yes, but if a qualified disposition has been made, a creditor whose claims existed at the time of the disposition must bring a claim within four years following the disposition or, if later, within one year following the date the creditor discovered the disposition or the date the creditor reasonably could have discovered the disposition.¹ For creditors whose claims arose after the qualified disposition, no claims may be brought unless the transfer was made with actual intent to defraud the creditor.²

If the transferor has made more than one qualified disposition to the trust, a subsequent disposition is disregarded in determining whether a creditor’s claim with respect to a prior qualified disposition is time-barred. Further, any distributions to a beneficiary are considered as having been made from the latest qualified disposition.³

Certain claims are not subject to the time limitations discussed above. For example, claims for child support and alimony cannot be avoided. Further, claims by persons who suffered death, physical injury or property damages on or before the date of the qualified disposition are not barred.⁴

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1. Del. Code. Ann. Tit. 12, § 3572(b).

2. Del. Code. Ann. Tit. 12, § 3572(a).