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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A qualified transfer affidavit shall be in writing, sworn to by the settlor, and shall include each of the following statements:
(i) The settlor has full right, title and authority to transfer the property to the qualified spendthrift trust;
(ii) The transfer of the property to the qualified spendthrift trust will not render the settlor insolvent;
(iii) The settlor does not intend to defraud any creditors by transferring the property to the qualified spendthrift trust;
(iv) The settlor does not have any pending or threatened court actions against him, except for those court actions identified in the affidavit;
(v) The settlor is not involved in any administrative proceedings, except for those administrative proceedings identified in the affidavit;
(vi) At the time of the transfer of the property to the qualified spendthrift trust, the settlor is not in default of a child support obligation by more than thirty (30) days;
(vii) The settlor does not contemplate the filing for relief under the provisions of the federal Bankruptcy Code;
(viii) The property transferred to the qualified spendthrift trust was not derived from any unlawful activities;
(ix) The settlor has and shall maintain personal liability insurance of at least one million dollars ($1,000,000.00) or shall provide coverage equal to the fair market value of the settlor's total qualified transfers to qualified spendthrift trusts, whichever is less. This affidavit requirement shall not apply to a qualified transfer to a trust created by a court order under W.S. 3-3-607 or an irrevocable income trust created under W.S. 42-2-403(f)(ii) and 42 U.S.C. 1396p(d)(4)(B).
Cite this article: FindLaw.com - Wyoming Statutes Title 4. Trusts § 4-10-523. Qualified transfer affidavit - last updated January 01, 2024 | https://codes.findlaw.com/wy/title-4-trusts/wy-st-sect-4-10-523/
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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