Wash. Rev. Code § 11.95A.290

Current through 2024
Section 11.95A.290 - Disposition of unappointed property-Released or unexercised general power

To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:

(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:
(a) Except as otherwise provided in (b) of this subsection, the unappointed property passes to:
(i) The powerholder if the powerholder is a permissible appointee and living; or
(ii) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
(b) To the extent the powerholder released the power, or if there is no taker under (a) of this subsection, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

RCW 11.95A.290

Added by 2021 c 140,§ 3310, eff. 1/1/2022.