Rhode Island General Laws 18-9.2-5. Persons not subject to qualified dispositions
Notwithstanding the provisions of § 18-9.2-4, this chapter shall not apply to defeat a claim brought by:
(1) Any person to whom the transferor is indebted on or before the date of a qualified disposition on account of an agreement or order of court for the payment of support or alimony in favor of the transferor’s spouse, former spouse or children, or for a division or distribution of property in favor of the transferor’s spouse or former spouse, but only to the extent of the debt; or
(2) To any person who suffers death, personal injury, or property damage on or before the date of a qualified disposition by a transferor, which death, personal injury, or property damage is at any time determined to have been caused in whole or in part by the tortuous act or omission of either the transferor or by another person for whom the transferor is or was vicariously liable but only to the extent of such claim against such transferor or other person for whom such transferor is or was vicariously liable.
History of Section.
P.L. 1999, ch. 402, § 1; P.L. 2007, ch. 302, § 1; P.L. 2007, ch. 478, § 1; P.L. 2013, ch. 501, § 100.
Terms Used In Rhode Island General Laws 18-9.2-5
- Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal equitable, secured or unsecured. See Rhode Island General Laws 18-9.2-2
- Debt: means liability on a claim. See Rhode Island General Laws 18-9.2-2
- Disposition: means a transfer, conveyance or assignment of property (including a change in the legal ownership of property occurring upon the substitution of one trustee for another or the addition of one or more new trustees), or the exercise of a power so as to cause a transfer of property, to a trustee or trustees, but shall not include the release or relinquishment of an interest that theretofore was the subject of a qualified disposition. See Rhode Island General Laws 18-9.2-2
- former spouse: means only persons to whom the transferor was married at, or before the time the qualified disposition is made. See Rhode Island General Laws 18-9.2-2
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Property: includes real property, personal property, and interests in real or personal property. See Rhode Island General Laws 18-9.2-2
- Qualified disposition: means a disposition by or from a transferor to a trustee, with or without consideration, by means of a trust instrument. See Rhode Island General Laws 18-9.2-2
- Transferor: means a natural person who, or entity which, as an owner of property or as a holder of a general power of appointment, which authorizes the holder to appoint in favor of the holder, the holder's creditors, the holder's estate or the creditors of the holder's estate, or as a trustee, directly or indirectly, makes a disposition or causes a disposition to be made. See Rhode Island General Laws 18-9.2-2