Lawwly

Scheffel v. Krueger

New Hampshire Supreme Court

782 A.2d 410 (2001)

Relevant factsFree

Lorie Scheffel (plaintiff) won a $551,286.25 tort judgment against Kyle Krueger (defendant) for sexually assaulting her minor child and posting video of the assault online, conduct that also led to criminal charges. Krueger was the beneficiary of a spendthrift trust his grandmother created, which barred him from accessing principal until age 50, prohibited any voluntary or involuntary transfer of his interest, and expressly shielded the trust's income and principal from creditors before receipt by the beneficiary; Scheffel sued the trustee to reach the trust to satisfy her judgment, arguing the legislature never meant the spendthrift statute to shield damages for tortious conduct that was also criminal.

IssueFree

Whether a tort creditor may satisfy her claim from a spendthrift trust of which the tortfeasor is a beneficiary, if the beneficiary is not the settlor and the trust assets were not fraudulently transferred.

Unlock the full brief

Free accounts read 20 full briefs. No card required.