Capture doctrine: Disposition of ineffectively appointed property under general power.
Neb. Rev. Stat. § 30-4619
in effect30-4619. 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.
Laws 2021, LB501, § 42.
Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-4619Fetched: 10/20/2026