{"data":{"id":"us-il/760-ilcs-3-1332","jurisdiction":"us-il","citation":"760 ILCS 3/1332","heading":"Creditor claim: general power created by powerholder.","body":"(a) In this Section, \"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.\n(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 the Uniform Fraudulent Transfer Act.\n(c) Subject to subsection (b), 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.\n(d) Subject to subsections (b) and (c), 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:\n(1) the powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and\n(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.","path":["CHAPTER 760 TRUSTS AND FIDUCIARIES","Illinois Trust Code."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=4001\u0026ChapterID=61\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:44Z","sha256":"f939d587b6259de4aadbd4b6d52be31c45fb86de83a759b6ee9bff53099c48f4","source_id":"us-il","stale":false,"prev":"us-il/760-ilcs-3-1331","next":"us-il/760-ilcs-3-1333"},"notice":"GroundRules: Original legal text. Not legal advice."}