California Probate Code 610 – As used in this part:(a) “Appointee” means the person in whose …
As used in this part:
(a) “Appointee” means the person in whose favor a power of appointment is exercised.
Terms Used In California Probate Code 610
- Appointive property: means the property or interest in property that is the subject of the power of appointment. See California Probate Code 610
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See California Probate Code 610
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Powerholder: means the person to whom a power of appointment is given or in whose favor a power of appointment is reserved. See California Probate Code 610
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Trust: includes the following:
California Probate Code 82
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(b) “Appointive property” means the property or interest in property that is the subject of the power of appointment.
(c) “Creating instrument” means the deed, will, trust, or other writing or document that creates or reserves the power of appointment.
(d) “Donor” means the person who creates or reserves a power of appointment.
(e) “Permissible appointee” means a person in whose favor a power of appointment can be exercised.
(f) “Power of appointment” means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney.
(g) “Powerholder” means the person to whom a power of appointment is given or in whose favor a power of appointment is reserved.
(Amended by Stats. 2016, Ch. 81, Sec. 1. (AB 2846) Effective January 1, 2017.)