RCW 11.95A.510
Creditor claims—General power not created by powerholder.
(1) Except as otherwise provided in subsection (2) 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:
(a) The powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and
(b) 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.
(2) Subject to RCW 11.95A.530(3), 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. Sec. 2041(b)(1)(A) or 26 U.S.C. Sec. 2514(c)(1), on January 1, 2022, is treated for purposes of RCW 11.95A.500 through 11.95A.530 as a nongeneral power.
[ 2021 c 140 § 3502.]
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.