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District of Columbia · Through 2026-08-20 (D.C. Law 26-175)

D.C. Code § 19-1705.01: Creditor claim: general power created by powerholder.

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Where this section sits in the code
  1. Title 19. Descent, Distribution, and Trusts. [Enacted title]
  2. Chapter 17. Uniform Powers of Appointment Code.
  3. Subchapter V. Rights of Powerholder's Creditors in Appointive Property.

(a)

For the purposes of this section, the term "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.

(b)

Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in §§ 28-3101 to 28-3111.

(c)

Subject to subsection (b) of this section, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.

(d)

Subject to subsections (b) and (c) of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:

(1)

The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and

(2)

The powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.

Collected 2026-08-29T05:44:07Z. Source file · JSON

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