KRS 390.200: Disposition of unappointed property under released or unexercised
Where this section sits in the code
- KRS Chapter 390
general power.
To the extent a powerholder releases or fails to exercise a general power of appointment
other than a power to revoke, amend, or withdraw property from a trust:
(1) The gift-in-default clause controls the disposition of the unappointed property; or
(2) If there is no gift-in-default clause or to the extent the clause is ineffective:
(a) Except as otherwise provided in paragraph (b) of this subsection, the
unappointed property passes to:
1. The powerholder if the powerholder is a permissible appointee and
living; or
2. If the powerholder is an impermissible appointee or not living, the
powerholder's estate if the estate is a permissible appointee; or
(b) To the extent the powerholder released the power, or if there is no taker under
paragraph (a) of this subsection, the unappointed property passes under a
reversionary interest to the donor or the donor's transferee or successor in
interest.
Collected 2026-09-05T20:59:22Z. Source file · JSON