reglab/housing_qa huggingface dataset:
NE Code § 30-4529 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4529 - Relation to federal Electronic Signatures in Global and National Commerce Act.

30-4529.  Relation to federal Electronic Signatures in Global and National Commerce Act.The Uniform Trust Decanting Act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b), as such sections existed on November 14, 2020.Source Laws 2020, LB808, § 39.
NE Code § 30-4601 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4601 - Short title.

30-4601.  Short title.Sections 30-4601 to 30-4638 shall be known and may be cited as the Uniform Powers of Appointment Act.Source  Laws 2021, LB501, § 24.   Effective Date: August 28, 2021
NE Code § 30-4603 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4603 - Governing law.

30-4603.  Governing law.Unless the terms of the instrument creating a power of appointment manifest a contrary intent:(1) the creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time; and(2) the exercise, release, renunciation, or disclaimer of the power, or the revocation or amendment of the exercise, release, renunciation, or disclaimer of the power, is governed by the law of the powerholder's domicile at the relevant time.Source  Laws 2021, LB501, § 26.   Effective Date: August 28, 2021
NE Code § 30-4604 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4604 - Common law and principles of equity.

30-4604.  Common law and principles of equity.The common law and principles of equity supplement the Uniform Powers of Appointment Act except to the extent modified by the Uniform Powers of Appointment Act or law of this state other than the Uniform Powers of Appointment Act.Source  Laws 2021, LB501, § 27.   Effective Date: August 28, 2021
NE Code § 30-4605 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4605 - Creation of power of appointment.

30-4605.  Creation of power of appointment.(a) A power of appointment is created only if:(1) the instrument creating the power:(A) is valid under applicable law; and(B) except as otherwise provided in subsection (b) of this section, transfers the appointive property; and(2) the terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.(b) Subdivision (a)(1)(B) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.(c) A power of appointment may not be created in a deceased individual.(d) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.Source  Laws 2021, LB501, § 28.   Effective Date: August 28, 2021
NE Code § 30-4606 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4606 - Nontransferability.

30-4606.  Nontransferability.A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.Source  Laws 2021, LB501, § 29.   Effective Date: August 28, 2021
NE Code § 30-4607 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4607 - Presumption of unlimited authority.

30-4607.  Presumption of unlimited authority.Subject to section 30-4609, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:(1) presently exercisable;(2) exclusionary; and(3) except as otherwise provided in section 30-4609, general.Source  Laws 2021, LB501, § 30.   Effective Date: August 28, 2021
NE Code § 30-4608 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4608 - Exception to presumption of unlimited authority.

30-4608.  Exception to presumption of unlimited authority.Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:(1) the power is exercisable only at the powerholder's death; and(2) the permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.Source  Laws 2021, LB501, § 31.   Effective Date: August 28, 2021
NE Code § 30-4609 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4609 - Rules of classification.

30-4609.  Rules of classification.(a) In this section, adverse party means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.(b) If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.(c) If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.Source  Laws 2021, LB501, § 32.   Effective Date: August 28, 2021
NE Code § 30-4610 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4610 - Power to revoke or amend.

30-4610.  Power to revoke or amend.A donor may revoke or amend a power of appointment only to the extent that:(1) the instrument creating the power is revocable by the donor; or(2) the donor reserves a power of revocation or amendment in the instrument creating the power of appointment.Source  Laws 2021, LB501, § 33.   Effective Date: August 28, 2021
NE Code § 30-4611 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4611 - Requisites for exercise of power of appointment.

30-4611.  Requisites for exercise of power of appointment.A power of appointment is exercised only:(1) if the instrument exercising the power is valid under applicable law;(2) if the terms of the instrument exercising the power:(A) manifest the powerholder's intent to exercise the power; and(B) subject to section 30-4614, satisfy the requirements of exercise, if any, imposed by the donor; and(3) to the extent the appointment is a permissible exercise of the power.Source  Laws 2021, LB501, § 34.   Effective Date: August 28, 2021
NE Code § 30-4612 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4612 - Intent to exercise: Determining intent from residuary clause.

30-4612.  Intent to exercise: Determining intent from residuary clause.(a) In this section:(1) Residuary clause does not include a residuary clause containing a blanket exercise clause or a specific exercise clause.(2) Will includes a codicil and a testamentary instrument that revises another will.(b) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:(1) the terms of the instrument containing the residuary clause do not manifest a contrary intent;(2) the power is a general power exercisable in favor of the powerholder's estate;(3) there is no gift in default clause or the clause is ineffective; and(4) the powerholder did not release the power.Source  Laws 2021, LB501, § 35.   Effective Date: August 28, 2021
NE Code § 30-4613 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4613 - Intent to exercise: After-acquired power.

30-4613.  Intent to exercise: After-acquired power.Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:(1) except as otherwise provided in subdivision (2) of this section, a blanket exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and(2) if the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift in default clause or the gift in default clause is ineffective.Source  Laws 2021, LB501, § 36.   Effective Date: August 28, 2021
NE Code § 30-4614 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4614 - Substantial compliance with donor-imposed formal requirement.

30-4614.  Substantial compliance with donor-imposed formal requirement.A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:(1) the powerholder knows of and intends to exercise the power; and(2) the powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.Source  Laws 2021, LB501, § 37.   Effective Date: August 28, 2021
NE Code § 30-4615 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4615 - Permissible appointment.

30-4615.  Permissible appointment.(a) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.(b) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.(c) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:(1) make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;(2) create a general power in a permissible appointee;(3) create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power; or(4) create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.Source  Laws 2021, LB501, § 38.   Effective Date: August 28, 2021
NE Code § 30-4616 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4616 - Appointment to deceased appointee or permissible appointee's descendant.

30-4616.  Appointment to deceased appointee or permissible appointee's descendant.(a) Subject to section 30-2343, an appointment to a deceased appointee is ineffective.(b) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.Source  Laws 2021, LB501, § 39.   Effective Date: August 28, 2021
NE Code § 30-4617 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4617 - Impermissible appointment.

30-4617.  Impermissible appointment.(a) Except as otherwise provided in section 30-4616, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.(b) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.Source  Laws 2021, LB501, § 40.   Effective Date: August 28, 2021
NE Code § 30-4618 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4618 - Selective allocation doctrine.

30-4618.  Selective allocation doctrine.If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.Source  Laws 2021, LB501, § 41.   Effective Date: August 28, 2021
NE Code § 30-4619 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4619 - Capture doctrine: Disposition of ineffectively appointed property under general power.

30-4619.  Capture doctrine: Disposition of ineffectively appointed property under general power.To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:(1) the gift in default clause controls the disposition of the ineffectively appointed property; or(2) if there is no gift in default clause or to the extent the clause is ineffective, the ineffectively appointed property:(A) 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) if there is no taker under subdivision (A) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.Source  Laws 2021, LB501, § 42.   Effective Date: August 28, 2021
NE Code § 30-4620 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4620 - Disposition of unappointed property under released or unexercised general power.

30-4620.  Disposition of unappointed property under 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 subdivision (B) of this subdivision, 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 subdivision (A) of this subdivision, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.Source  Laws 2021, LB501, § 43.   Effective Date: August 28, 2021
NE Code § 30-4621 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4621 - Disposition of unappointed property under released or unexercised nongeneral power.

30-4621.  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:(i) the permissible appointees are defined and limited; and(ii) the terms of the instrument creating the power do not manifest a contrary intent; or(B) if there is no taker under subdivision (A) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.Source  Laws 2021, LB501, § 44.   Effective Date: August 28, 2021
NE Code § 30-4622 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4622 - Disposition of unappointed property if partial appointment to taker in default.

30-4622.  Disposition of unappointed property if partial appointment to taker in default.Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.Source  Laws 2021, LB501, § 45.   Effective Date: August 28, 2021
NE Code § 30-4623 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4623 - Appointment to taker in default.

30-4623.  Appointment to taker in default.If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift in default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.Source  Laws 2021, LB501, § 46.   Effective Date: August 28, 2021
NE Code § 30-4624 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4624 - Powerholder's authority to revoke or amend exercise.

30-4624.  Powerholder's authority to revoke or amend exercise.A powerholder may revoke or amend an exercise of a power of appointment only to the extent that:(1) the powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or(2) the terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.Source  Laws 2021, LB501, § 47.   Effective Date: August 28, 2021
NE Code § 30-4625 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4625 - Disclaimer.

30-4625.  Disclaimer.As provided by section 30-2352:(1) A powerholder may renounce all or part of a power of appointment.(2) A permissible appointee, appointee, or taker in default of appointment may renounce all or part of an interest in appointive property.Source  Laws 2021, LB501, § 48.   Effective Date: August 28, 2021
NE Code § 30-4626 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4626 - Authority to release.

30-4626.  Authority to release.A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.Source  Laws 2021, LB501, § 49.   Effective Date: August 28, 2021
NE Code § 30-4627 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4627 - Method of release.

30-4627.  Method of release.A powerholder of a releasable power of appointment may release the power in whole or in part:(1) by substantial compliance with a method provided in the terms of the instrument creating the power; or(2) if the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder's intent by clear and convincing evidence.Source  Laws 2021, LB501, § 50.   Effective Date: August 28, 2021
NE Code § 30-4628 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4628 - Revocation or amendment of release.

30-4628.  Revocation or amendment of release.A powerholder may revoke or amend a release of a power of appointment only to the extent that:(1) the instrument of release is revocable by the powerholder; or(2) the powerholder reserves a power of revocation or amendment in the instrument of release.Source  Laws 2021, LB501, § 51.   Effective Date: August 28, 2021
NE Code § 30-4629 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4629 - Power to contract: Presently exercisable power of appointment.

30-4629.  Power to contract: Presently exercisable power of appointment.A powerholder of a presently exercisable power of appointment may contract:(1) not to exercise the power; or(2) to exercise the power if the contract when made does not confer a benefit on an impermissible appointee.Source  Laws 2021, LB501, § 52.   Effective Date: August 28, 2021
NE Code § 30-4630 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4630 - Power to contract: Power of appointment not presently exercisable.

30-4630.  Power to contract: Power of appointment not presently exercisable.A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:(1) is also the donor of the power; and(2) has reserved the power in a revocable trust.Source  Laws 2021, LB501, § 53.   Effective Date: August 28, 2021
NE Code § 30-4631 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4631 - Remedy for breach of contract to appoint or not to appoint.

30-4631.  Remedy for breach of contract to appoint or not to appoint.The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.Source  Laws 2021, LB501, § 54.   Effective Date: August 28, 2021
NE Code § 30-4632 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4632 - Creditor claim: General power created by powerholder.

30-4632.  Creditor claim: General power created by powerholder.(a) In this section, power of appointment created by the powerholder includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.(b) Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in the Uniform Voidable Transactions Act.(c) Subject to subsection (b) of this section, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.(d) Subject to subsections (b) and (c) of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:(1) the powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and(2) the powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.Source  Laws 2021, LB501, § 55.   Effective Date: August 28, 2021  Cross References  Uniform Voidable Transactions Act, see section 36-801.