State Codes and Statutes
Statutes > California > Prob > 680-684PROBATE CODE
SECTION 680-684
680. The donor of a power of appointment cannot nullify or alter the rights given creditors of the donee by Sections 682, 683, and 684 by any language in the instrument creating the power. 681. Property covered by a special power of appointment is not subject to the claims of creditors of the donee or of the donee's estate or to the expenses of the administration of the donee's estate. 682. (a) To the extent that the property owned by the donee is inadequate to satisfy the claims of the donee's creditors, property subject to a general power of appointment that is presently exercisable is subject to the claims to the same extent that it would be subject to the claims if the property were owned by the donee. (b) Upon the death of the donee, to the extent that the donee's estate is inadequate to satisfy the claims of creditors of the estate and the expenses of administration of the estate, property subject to a general testamentary power of appointment or to a general power of appointment that was presently exercisable at the time of the donee's death is subject to the claims and expenses to the same extent that it would be subject to the claims and expenses if the property had been owned by the donee. (c) This section applies whether or not the power of appointment has been exercised. 683. Property subject to an unexercised general power of appointment created by the donor in the donor's favor, whether or not presently exercisable, is subject to the claims of the donor's creditors or the donor's estate and to the expenses of the administration of the donor's estate. 684. For the purposes of Sections 682 and 683, a person to whom the donee owes an obligation of support shall be considered a creditor of the donee to the extent that a legal obligation exists for the donee to provide the support.
