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

D.C. Code § 19-1705.02: Creditor claim: general power not 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)

Except as otherwise provided in subsection (b) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:

(1)

The powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and

(2)

The powerholder's estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.

(b)

Subject to § 19-1705.04(c), a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance, within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1), is treated for the purposes of this subchapter as a nongeneral power.

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

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