{"data":{"id":"us-ok/okla.-stat.-tit.-60-60-1317","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 60, § 60-1317","heading":"Non-application of act if transferor is indebted —","body":"Qualifying situations — Application if transferor is married —\n\nNotice of transfer of property.\n\nA. Notwithstanding the provisions of Sections 29 through 34 of\n\nthis act, but subject to subsection B of this section, the Oklahoma\n\nQualified Dispositions into Trust Act does not apply in any respect\n\nto any person to whom at the time of transfer the transferor is\n\nindebted on account of an agreement or order of court for the\n\npayment of support or alimony in favor of the transferor's spouse,\n\nformer spouse, or children, or for a division or distribution of\n\nproperty in favor of the transferor's spouse or former spouse, to\n\nthe extent of the debt.\n\nB. If the transferor is married at the time of the transfer,\n\nthe provisions of Sections 29 through 34 of this act, apply to:\n\n1. Any of the transferor's separate property transferred to the\n\ntrust; and\n\n2. Any marital property transferred to the trust if the spouse\n\nor former spouse was provided with notice in the form set forth in\n\nsubsection C of this section, or executed a written consent to the\n\ntransfer after being provided the information set forth in the\n\nnotice.\n\nC. For purposes of the application of this section, a notice of\n\ntransfer of property to a trust pursuant to the Oklahoma Qualified\n\nDispositions into Trust Act:\n\n1. Shall also contain the following language in capital\n\nletters, at or near the top of the notice: YOUR SPOUSE IS CREATING\n\nA PERMANENT TRUST INTO WHICH PROPERTY IS BEING TRANSFERRED. YOUR\n\nRIGHTS TO THIS PROPERTY MAY BE AFFECTED DURING YOUR MARRIAGE, UPON\n\nDIVORCE (INCLUDING THE PAYMENT OF CHILD SUPPORT OR ALIMONY OR A\n\nDIVISION OR DISTRIBUTION OF PROPERTY IN A DIVORCE), OR AT THE DEATH\n\nOF YOUR SPOUSE. YOU HAVE A VERY LIMITED PERIOD OF TIME TO OBJECT TO\n\nTHE TRANSFER OF PROPERTY INTO THIS TRUST. YOU MAY, UPON REQUEST TO\n\nTHE TRUSTEE AT THE ADDRESS BELOW, BE FURNISHED A COPY OF THE TRUST\n\nDOCUMENT. IF YOU HAVE ANY QUESTIONS, YOU SHOULD IMMEDIATELY SEEK\n\nINDEPENDENT LEGAL ADVICE. IF YOU FAIL TO OBJECT WITHIN THE REQUIRED\n\nTIME PERIOD, YOU WILL HAVE CONSENTED TO THE TRANSFER OF PROPERTY\n\nINTO THIS TRUST;\n\n2. Shall contain a description of the property being\n\ntransferred to the trust and the name of the trust;\n\n3. May require that any person who is eligible to receive\n\ninformation pursuant to this section be bound by the duty of\n\nconfidentiality that binds the trustee before receiving such\n\ninformation from the trustee; and\n\n4. Shall be provided by the transferor, the transferor's agent,\n\nthe trustee, or other fiduciary of the trust.\n\nD. If a notice is provided under this section before the\n\nproperty is transferred, the period to commence an action under\n\nSection 30 of this act shall commence running on the date of the\n\ntransfer. If a notice is provided after the date the property is\n\ntransferred, the period to commence an action pursuant to Section 30\n\nof this act commences running on the date the notice is provided.\n\nE. The exception contained in subsection A of this section does\n\nnot apply to any claim for forced heirship or legitime.","path":["OK Code","Title 60"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os60.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"542d3bda5f74c1cf416ad53b7def59c7d12fab7edeedb11aafce56bd0087e749","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-60-60-1316","next":"us-ok/okla.-stat.-tit.-60-60-1318"},"notice":"GroundRules: Original legal text. Not legal advice."}