30-4634. Power to withdraw.
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/ne/chapter-30/30-4634A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For purposes of the Uniform Powers of Appointment Act, and except as otherwise provided in subsection
(b)of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.
(b)On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. 2041(b)(2) and 26 U.S.C. 2514(e) or the amount specified in 26 U.S.C. 2503(b), as such sections existed on January 1, 2021.