Effective - 28 Aug 2018, 2 histories
456.1035. Permissible appointment. — 1. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.
2. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.
3. The powerholder of a nongeneral power may:
(1) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;
(2) Create a general power or nongeneral power in a permissible appointee; or
(3) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power.
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(L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)