C.R.S. § 15-2.5-310: Disposition of unappointed property under released or unexercised general power.
Where this section sits in the code
- Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES
- Article 2.5 - Uniform Powers of Appointment Act
- Part 3 - EXERCISE OF POWER OF APPOINTMENT
(1) To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:
(a) The gift-in-default clause controls the disposition of the unappointed property; or
(b) If there is no gift-in-default clause or to the extent the clause is ineffective:
(I) Except as otherwise provided in subparagraph (II) of this paragraph (b), the unappointed property passes to:
(A) The powerholder if the powerholder is a permissible appointee and living; or
(B) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
(II) To the extent the powerholder released the power, or if there is no taker under subparagraph (I) of this paragraph (b), the unappointed property passes under a reversionary interest to the donor or to the donor's transferee or successor in interest.
Collected 2026-09-14T18:37:45Z. Source file · JSON