§ 75-10-501 Creditor claim — General power created by powerholder
§ 75-10-502 Creditor claim — Power not created by powerholder
§ 75-10-503 Power to withdraw

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code > Title 75 > Chapter 10 > Part 5 - Rights of Powerholder's Creditors in Appointive Property

  • Appointive property: means the property or property interest subject to a power of appointment. See Utah Code 75-10-102
  • Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
  • Decedent: A deceased person.
  • Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
  • General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Utah Code 75-10-102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Nongeneral power of appointment: means a power of appointment that is not a general power of appointment. See Utah Code 75-10-102
  • Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-10-102
  • Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an interest in, or another power of appointment over, the appointive property. See Utah Code 75-10-102
  • Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75-10-102
  • Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
  • Trust: includes :
              (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
              (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
              (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2