RCW 11.95A.500
255 words·~1 min read·
/wa/title-11/chapter-11-95a/11-95a-500·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 s 3501 .]