{"data":{"id":"us-ky/krs-390.320","jurisdiction":"us-ky","citation":"KRS 390.320","heading":"Creditor claim – General power created by powerholder.","body":"(1) As used 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(2) 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 KRS Chapter 378A.\n(3) Subject to subsection (2) 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.\n(4) Subject to subsections (2) and (3) 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 sub ject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:\n(a) The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and\n(b) 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":["KRS Chapter 390"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50140","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:23Z","sha256":"cab55f353d7faabe6fba6008c6d92f3173d9bd5e4424576f3ab3efe7ea4cec11","source_id":"us-ky","stale":false,"prev":"us-ky/krs-390.310","next":"us-ky/krs-390.330"},"notice":"GroundRules: Original legal text. Not legal advice."}