§ 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.