2020 California Code
Probate Code - PROB
DIVISION 2 - GENERAL PROVISIONS
PART 14 - POWERS OF APPOINTMENT
CHAPTER 6 - Rights of Creditors
Section 682.
(a) To the extent that the property owned by the powerholder is inadequate to satisfy the claims of the powerholder’s creditors, property subject to a general power of appointment that is presently exercisable is subject to the claims to the same extent that it would be subject to the claims if the property were owned by the powerholder.
(b) Upon the death of the powerholder, to the extent that the powerholder’s estate is inadequate to satisfy the claims of creditors of the estate and the expenses of administration of the estate, property subject to a general testamentary power of appointment or to a general power of appointment that was presently exercisable at the time of the powerholder’s death is subject to the claims and expenses to the same extent that it would be subject to the claims and expenses if the property had been owned by the powerholder.
(c) This section applies whether or not the power of appointment has been exercised.
(Amended by Stats. 2016, Ch. 81, Sec. 25. (AB 2846) Effective January 1, 2017.)
