2010 Georgia Code 44-6-202 Case Law
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One Click Case Law for § 44-6-202
O.C.G.A. § 44-6-201 <-- --> O.C.G.A. §44-6-203



2010 Georgia Code

TITLE 44 - PROPERTY

CHAPTER 6 - ESTATES
ARTICLE 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES
§ 44-6-202 - Time of creation of nonvested property interest or power of appointment

O.C.G.A. 44-6-202 (2010)
44-6-202. Time of creation of nonvested property interest or power of appointment


(a) Except as provided in subsections (b) and (c) of this Code section and in subsection (a) of Code Section 44-6-205, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

(b) For purposes of this article, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:

(1) A nonvested property interest; or

(2) A property interest subject to a power of appointment described in subsection (b) or (c) of Code Section 44-6-201,

the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

(c) For purposes of this article, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com