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limited power of appointment

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limited power of appointment
A power granted by will,authorizing the recipient to choose who among a group of named or described persons may receive property.


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Since the power holder is deemed to have made a transfer and retained a limited power of appointment over the amount transferred, there would be inclusion of the amount transferred in the power holder's gross estate under [section]2038.
The limited power of appointment provision might specify the class of individuals or entities (such as Tom's spouse, Tom's descendants, Bill and Laura's descendants, and/or charities) who could be included but should specifically exclude Tom's estate and Tom's creditors.
The IRS viewed the trust terms to be consistent with the creation of a limited power of appointment, not a general one.
 
 
 
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