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Current as of January 01, 2025 | Updated by Findlaw Staff
A qualified affidavit shall state that:
(a) The transferor has full right, title, and authority to transfer the assets to the trust;
(b) The transfer of the assets to the trust will not render the transferor insolvent;
(c) The transferor does not intend to defraud a creditor by transferring the assets to the trust;
(d) The transferor does not have any pending or threatened court actions against the transferor, except for those court actions identified by the transferor on an attachment to the affidavit;
(e) The transferor is not involved in any administrative proceedings, except for those administrative proceedings identified on an attachment to the affidavit;
(f) The transferor does not contemplate filing for relief under the provisions of the federal bankruptcy code;
(g) The assets being transferred to the trust were not derived from unlawful activities; and
(h) The transferor is a named insured of a general liability insurance policy and, if applicable, a professional liability insurance policy, with policy limits of at least One Million Dollars ($1,000,000.00) for each respective policy.
Cite this article: FindLaw.com - Mississippi Code Title 91. Trusts and Estates § 91-9-705 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-91-trusts-and-estates/ms-code-sect-91-9-705/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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