{"data":{"id":"us-mt/72-7-501","jurisdiction":"us-mt","citation":"72-7-501","heading":"Creditor claim -- general power created by powerholder.","body":"(1) 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 the Uniform Fraudulent Transfer Act, 31-2-326 through 31-2-342, and in 70-20-401, 70-20-402, and 70-20-405.\n(3) Subject to subsection (2), 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) 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(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":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 7. UNIFORM POWERS OF APPOINTMENT ACT","Part 5. Rights of Powerholder's Creditors in Appointive Property"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0070/part_0050/section_0010/0720-0070-0050-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:10Z","sha256":"eaf6a63ed2a1e699cce09a76eb62ff524a8db3c87cb1446247f83c4061460722","source_id":"us-mt","stale":false,"prev":"us-mt/72-7-407","next":"us-mt/72-7-502"},"notice":"GroundRules: Original legal text. Not legal advice."}