Nebraska Revised Statute 77-2008.04

Chapter 77 Section 2008.04


Inheritance tax; power of appointment; exercise or nonexercise; not subject to tax.

The exercise or failure to exercise any power of appointment by the donee thereof, shall not be deemed a transfer which is subject to the provisions of sections 77-2001 to 77-2008.02.


  • Laws 1955, c. 301, § 2, p. 940.


  • In the case of a general power of appointment, interest in the property transfers from the donor to the donee at the time of the donor's death whether or not the power itself is exercised. In the special case of a general power of appointment where the donor and donee are also husband and wife, such transfer is not subject to inheritance tax. In re Estate of Nelson, 253 Neb. 414, 571 N.W.2d 269 (1997).