RCW 11.95A.500
Creditor claims—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 chapter 19.40 RCW.
(3) Subject to subsection (2) of this section, 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) of this section, 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.
[ 2021 c 140 § 3501.]
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.95A - Uniform Powers of Appointment Act.
11.95A.030 - Common law and principles of equity supplement.
11.95A.100 - Creation of power of appointment.
11.95A.110 - Power not transferable.
11.95A.120 - Presumption of unlimited authority.
11.95A.130 - Presumption of unlimited authority—Exception.
11.95A.140 - Rules of classification.
11.95A.150 - Power to revoke or amend.
11.95A.200 - Requisites for exercise of power of appointment.
11.95A.210 - Intent to exercise—Determining intent from residuary clause.
11.95A.220 - Intent to exercise—After-acquired power.
11.95A.230 - Substantial compliance with donor-imposed formal requirement.
11.95A.240 - Permissible appointment.
11.95A.250 - Appointment to deceased appointee or permissible appointee's descendant.
11.95A.260 - Impermissible appointment.
11.95A.270 - Selective allocation doctrine.
11.95A.280 - Capture doctrine—Disposition of ineffectively appointed property under general power.
11.95A.290 - Disposition of unappointed property—Released or unexercised general power.
11.95A.300 - Disposition of unappointed property—Released or unexercised nongeneral power.
11.95A.310 - Disposition of unappointed property—Partial appointment to taker in default.
11.95A.320 - Appointment to taker in default.
11.95A.330 - Powerholder's authority to revoke or amend exercise.
11.95A.340 - Notice of exercise of testamentary power.
11.95A.350 - Exercise of power in favor of holder—Limitations.
11.95A.365 - Exercise of power in favor of holder—Inference of law.
11.95A.370 - Exercise of power in favor of holder—Applicability.
11.95A.375 - Exercise of power in favor of holder—Cause of action.
11.95A.410 - Authority to release.
11.95A.420 - Method of release.
11.95A.430 - Revocation or amendment of release.
11.95A.440 - Power to contract—Presently exercisable power of appointment.
11.95A.450 - Power to contract—Power of appointment not presently exercisable.
11.95A.460 - Remedy for breach of contract to appoint or not to appoint.
11.95A.500 - Creditor claims—General power created by powerholder.
11.95A.510 - Creditor claims—General power not created by powerholder.
11.95A.520 - Power to withdraw.
11.95A.530 - Creditor claims—Nongeneral power.
11.95A.900 - Uniformity of application and construction.
11.95A.901 - Relation to electronic signatures in global and national commerce act.