{"data":{"id":"us-nc/n.c.-gen.-stat.-31d-5-502","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 31D-5-502","heading":"Creditor claim; general power not created by power holder.","body":"(a)\tExcept as otherwise provided in subsection (b) of this section, and only when and to the extent that the power holder exercises the power, appointive property subject to a general power of appointment created by a person other than the power holder is subject to a claim of a creditor of:\n(1)\tThe power holder, to the extent the power holder's property is insufficient, if the power is presently exercisable.\n(2)\tThe power holder'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.\n(b)\tSubject to the provisions of G.S. 31D-5-504(c), a power of appointment created by a person other than the power holder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of section 2041(b)(1)(A) or section 2514(c)(1) of the Internal Revenue Code, as amended, is treated for purposes of this Article as a nongeneral power. (2015-205, s. 3(a).)","path":["Chapter 31D. North Carolina Uniform Powers of Appointment Act.","Article 5. Rights of Power Holder's Creditors in Appointive Property."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31D/GS_31D-5-502.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:00:07Z","sha256":"1dd0ada9e342c810c997fecb5b89c08d42f058726e66f821dd58af73989217f7","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-31d-5-501","next":"us-nc/n.c.-gen.-stat.-31d-5-503"},"notice":"GroundRules: Original legal text. Not legal advice."}