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Home » US Law » 2022 North Carolina General Statutes » Chapter 31D - North Carolina Uniform Powers of Appointment Act » Article 5 - Rights of Power Holder's Creditors in Appointive Property.

§ 31D-5-501 – Creditor claim; general power created by power holder.

31D-5-501. Creditor claim; general power created by power holder. (a) In this section, "power of appointment created by the power holder" includes a power of appointment created in a transfer by another person to the extent the power holder contributed value to the transfer. (b) Appointive property subject to a general power of appointment created […]

§ 31D-5-502 – Creditor claim; general power not created by power holder.

31D-5-502. Creditor claim; general power not created by power holder. (a) Except as otherwise provided in subsection (b) of this section, and only when and to the extent that the power holder exercises the power, appointive property subject to a general power of appointment created by a person other than the power holder is subject […]

§ 31D-5-503 – Power to withdraw.

31D-5-503. Power to withdraw. (a) For purposes of this Article, a power to withdraw property from a trust is treated as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw. (b) The lapse, release, or waiver of a power to withdraw property from a trust […]

§ 31D-5-504 – Creditor claim; nongeneral power.

31D-5-504. Creditor claim; nongeneral power. (a) Except as otherwise provided in subsections (b) and (c) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the power holder or the power holder’s estate. (b) Appointive property subject to a nongeneral power of appointment is […]