Montana § 72-7-501 Creditor Claim -- General Power Created By Powerholder

Montana Statutes

§ 72-7-501 — Creditor Claim -- General Power Created By Powerholder

Montana § 72-7-501

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 7UNIFORM POWERS OF APPOINTMENT ACT

Part 5Rights of Powerholder's Creditors in Appointive Property

This text of Montana § 72-7-501 (Creditor Claim -- General Power Created By Powerholder) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-7-501 (2026).

Text

72-7-501 . Creditor claim -- general power created by powerholder.

(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.

(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 .

(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 t

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72-7-501 . Creditor claim -- general power created by powerholder. (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.
(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 .
(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.
(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:
(a) the powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and
(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.