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Wisconsin Statutes Property (Ch. 700 to 710) § 702.502. Creditor claim: general power not created by powerholder

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Except as otherwise provided in sub. (2), 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 any of the following:

(a) If the power of appointment is a presently exercisable power of appointment, the powerholder to the extent the powerholder's property is insufficient.

(b) If the power of appointment is exercisable at the powerholder's death, the powerholder's estate or revocable trust, subject to the right of a decedent to direct the source from which liabilities are paid, but only to the extent of the powerholder's exercise of that general power of appointment and only to the extent that the claim of the creditor has been filed and allowed in the powerholder's estate or filed with and approved by the trustee of a revocable trust but not paid because the assets of the estate or revocable trust are insufficient. For purposes of this paragraph, a revocable trust is a trust that is revocable, as defined in s. 701.0103(22), by the powerholder or jointly by the powerholder and the powerholder's spouse.

(2) Subject to s. 702.504(3), a power of appointment created by a person other than the powerholder that is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 USC 2041(b)(1)(A) or 2514(c)(1), is considered for purposes of this subchapter as a nongeneral power of appointment.

(3) If during the powerholder's lifetime, the powerholder exercises a general power of appointment created by a person other than the powerholder, a creditor of the powerholder can reach the appointed interests to the same extent that under the law relating to fraudulent conveyances the creditor could reach property that the powerholder has owned and transferred during the powerholder's lifetime.

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Cite this article: FindLaw.com - Wisconsin Statutes Property (Ch. 700 to 710) § 702.502. Creditor claim: general power not created by powerholder - last updated January 01, 2025 | https://codes.findlaw.com/wi/property-ch-700-to-710/wi-st-702-502/

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