North Dakota Code § 59-13-06

(506) Overdue distribution
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1. In this section, "mandatory distribution" means a distribution of income or principal 
which the trustee is required to make to a beneficiary under the terms of the trust, 
including a distribution upon termination of the trust. The term does not include a 
distribution subject to the exercise of the trustee's discretion even if:
a. The discretion is expressed in the form of a standard of distribution; or
b. The terms of the trust authorizing a distribution couple language of discretion with 
language of direction.
2. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a 
beneficiary may reach a mandatory distribution of income or principal, including a 
distribution upon termination of the trust, if the trustee has not made the distribution to 
the beneficiary within a reasonable time after the designated distribution date.

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