New York Estates, Powers & Trusts Law Section 10-7.2 - Creditors of the donee; general power presently exercisable

10-7.2 Creditors of the donee; general power presently exercisable

Property covered by a general power of appointment (other than one exercisable solely for the support, maintenance, health and education of the donee within the meaning of sections 2041 and 2514 of the Internal Revenue Code) which is presently exercisable, or of a postponed power which has become exercisable, is subject to the payment of the claims of creditors of the donee, his estate and the expenses of administering his estate. It is immaterial whether the power was created in the donee by himself or by some other person, or whether the donee has or has not purported to exercise the power.


Last modified: February 3, 2019