§ 72-7-502 — Creditor Claim -- General Power Not Created By Powerholder

Montana § 72-7-502

• Jurisdiction: Montana
• Title 72: ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
• Ch. 7: UNIFORM POWERS OF APPOINTMENT ACT
• Part 5: Rights of Powerholder's Creditors in Appointive Property

Text

72-7-502 . Creditor claim -- general power not created by powerholder. (1) Property subject to a general or nongeneral power of appointment created by a person other than the powerholder, including a presently exercisable general or nongeneral power of appointment, is exempt from a claim by a creditor of the powerholder or the powerholder's estate. The powerholder of such a power may not be compelled to exercise the power, and the powerholder's creditors may not acquire the power or any rights to the power or reach the trust property or beneficial interests by any other means. A court may not exercise or require the powerholder to exercise the power of appointment.
(2) Subject to 72-7-504 (3), a power of appointment created by a person other than the powerholder that is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. Section 2041(b)(1)(A) or 26 U.S.C. Section 2514(c)(1), on October 1, 2015, is treated for purposes of this act as a nongeneral power.

Legislative History

En. Sec. 33, Ch. 293, L. 2015; amd. Sec. 2, Ch. 200, L. 2019.