This Comment seeks to discuss the impact of the revisions made to North Carolina trust law effective January, 2006, in the context of their incongruity with the common law and the potential for favoritism toward federal tax liens over prior liens attached by state creditors (including liens for state taxes). In order to rectify the problems created by the revisions, North Carolina should either clarify the impact of these changes so as not to leave settlors, trustees, or beneficiaries with unrealistic expectations or revise the code to fill in the gaps created by the revisions.
Philip Z. Brown, And Now for Something Completely Different: Spendthrift, Discretionary, and Protective Trusts in North Carolina and the Federal Tax Lien, 29 Campbell L. Rev. 737 (2007).