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In some statutes, such as those in place in New York and Delaware, the power to invade the first trust and decant to a second trust is described as the exercise of a limited power of appointment.
37) Because Child had a limited power of appointment, a so-called special power, Child's creditors could not reach the trust property under current New York law.
A testamentary limited power of appointment (LPOA) allows the beneficiary to change the disposition that would otherwise occur at the beneficiary's death.
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.
An intervivos special or limited power of appointment, however, is one power of appointment that could result in tax consequences to the agent.
If the res is removed to a new trust or a beneficiary exercises a limited power of appointment to create a new trust, the original trust no longer exists.
He said to one of my clients, "Why not gift your home to your children through a quit claim deed and then retain a limited power of appointment to transfer ownership between children?
QTIP Trusts Containing Limited Power of Appointment
The IRS viewed the trust terms to be consistent with the creation of a limited power of appointment, not a general one.
Rarely should the surviving spouse in a second marriage be granted a limited power of appointment over the trust corpus.
A limited power of appointment means the grantor may not appoint himself or herself, his or her estate or its creditors, or his or her spouse or creditors to receive any part of the trust.
2511-2, a gift is not completed for gift tax purposes until the limited power of appointment either lapses, is exercised or the settlor dies.
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