Capture doctrine: Disposition of ineffectively appointed property under general power.

Neb. Rev. Stat. § 30-4619 — under DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY.

Neb. Rev. Stat. § 30-4619

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.