D.C. Code § 19-1705.01: Creditor claim: general power created by powerholder.
Where this section sits in the code
- Title 19. Descent, Distribution, and Trusts. [Enacted title]
- Chapter 17. Uniform Powers of Appointment Code.
- 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