Nebraska § 30-4633 Creditor claim: General power not created by powerholder

Nebraska Statutes

§ 30-4633 — Creditor claim: General power not created by powerholder

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

(a)Except as otherwise provided in subsection (b) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:

(1)the powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and

(2)the powerholder'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.

(b)Subject to subsection (c) of section 30-4635 , a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. 2041(b)(1)(A) or 26 U.S.C. 25

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(a) Except as otherwise provided in subsection (b) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:
(1) the powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and
(2) the powerholder'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.
(b) Subject to subsection (c) of section 30-4635 , a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. 2041(b)(1)(A) or 26 U.S.C. 2514(c)(1), as such sections existed on January 1, 2021, is treated for purposes of the Uniform Powers of Appointment Act as a nongeneral power.

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