Nebraska § 30-4619 Capture doctrine: Disposition of ineffectively appointed property under general power

Nebraska Statutes

§ 30-4619 — Capture doctrine: Disposition of ineffectively appointed property under general power

Nebraska § 30-4619

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-4619 (Capture doctrine: Disposition of ineffectively appointed property under general power) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-4619 (2026).

Text

To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:

(1)the gift in default clause controls the disposition of the ineffectively appointed property; or

(2)if there is no gift in default clause or to the extent the clause is ineffective, the ineffectively appointed property:

(A)passes to:

(i)the powerholder if the powerholder is a permissible appointee and living; or

(ii)if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or

(B)if there is no taker under subdivision (A) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

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To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:
(1) the gift in default clause controls the disposition of the ineffectively appointed property; or
(2) if there is no gift in default clause or to the extent the clause is ineffective, the ineffectively appointed property:
(A) passes to:
(i) the powerholder if the powerholder is a permissible appointee and living; or
(ii) if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
(B) if there is no taker under subdivision (A) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.