Ky. Rev. Stat. § 390.210

Current through 2024 Ky. Acts ch. 225
Section 390.210 - Disposition of unappointed property under released or unexercised nongeneral power

To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:

(1) The gift-in-default clause controls the disposition of the unappointed property; or
(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:
(a) Passes to the permissible appointees if:
1. The permissible appointees are defined and limited; and
2. The terms of the instrument creating the power do not manifest a contrary intent; or
(b) If there is no taker under paragraph (a) of this subsection, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

KRS 390.210

Added by 2020 Ky. Acts ch. 41,§ 20, eff. 7/14/2020.