{"data":{"id":"us-ok/okla.-stat.-tit.-60-60-175.706","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 60, § 60-175.706","heading":"Notice required","body":"\n\nNOTICE REQUIRED\n\nA. An authorized trustee may exercise a power of distribution\n\nunder Section 3 or 4 of this act without the consent of the settlor\n\nor beneficiaries of the first trust and without court approval if\n\nthe trustee provides to all of the current beneficiaries and\n\npresumptive remainder beneficiaries written notice of the trustee's\n\ndecision to exercise the power.\n\nB. For the purpose of determining who is a current beneficiary\n\nor presumptive remainder beneficiary entitled to the notice, a\n\nbeneficiary is determined as of the date the notice is sent. A\n\nbeneficiary includes a person entitled to receive property under the\n\nterms of the first trust.\n\nC. Except as provided by paragraph 5 of subsection E of this\n\nsection, in addition to the notice required under subsection A of\n\nthis section, the authorized trustee shall give written notice of\n\nthe trustee's decision to the attorney general if:\n\n1. A charity is entitled to notice;\n\n2. A charity entitled to notice is no longer in existence;\n\n3. The trustee has the authority to distribute trust assets to\n\none or more charities that are not named in the trust instrument; or\n\n4. The trustee has the authority to make distributions for a\n\ncharitable purpose described in the trust instrument, but no charity\n\nis named as a beneficiary for that purpose.\n\nD. If the beneficiary has a court-appointed guardian or\n\nconservator, the notice required to be given by this section shall\n\nbe given to that guardian or conservator. If the beneficiary is a\n\nminor for whom no guardian or conservator has been appointed, the\n\nnotice required to be given by this section shall be given to a\n\nparent of the minor. For purposes of paragraph 3 of subsection E of\n\nthis section, a beneficiary is considered to have waived the\n\nrequirement that notice be given under this section if a person to\n\nwhom notice is required to be given with respect to that beneficiary\n\nunder this subsection waives the requirement that notice be given\n\nunder this section.\n\nE. The authorized trustee is not required to provide notice:\n\n1. To a beneficiary who is known to the trustee and cannot be\n\nlocated by the trustee after reasonable diligence;\n\n2. To a beneficiary who is not known to the trustee;\n\n3. To a beneficiary who waives the requirement of the notice\n\nunder this section;\n\n4. To a beneficiary who is a descendant of a beneficiary to\n\nwhom the trustee has given notice if the beneficiary and the\n\nbeneficiary's ancestor have similar interests in the trust and no\n\napparent conflict of interest exists between them; or\n\n5. To the attorney general under subsection C of this section\n\nif the attorney general waives that requirement in writing.\n\nF. The notice required under subsection A of this section\n\nshall:\n\n1. Include a statement that:\n\na. the authorized trustee intends to exercise the power\n\nof distribution,\n\nb. the beneficiary has the right to object to the\n\nexercise of the power, and\n\nc. the beneficiary may petition a court to approve,\n\nmodify or deny the exercise of the trustee's power to\n\nmake a distribution under this act;\n\n2. Describe the manner in which the trustee intends to exercise\n\nthe power;\n\n3. Specify the date the trustee proposes to distribute the\n\nfirst trust to the second trust;\n\n4. Include the name and mailing address of the trustee;\n\n5. Include copies of the agreements of the first trust and the\n\nproposed second trust;\n\n6. Be given not later than the ninetieth day before the\n\nproposed date of distribution to the second trust; and\n\n7. Be sent by registered or certified mail, return receipt\n\nrequested, or delivered in person, unless the notice is waived in\n\nwriting by the person to whom notice is required to be given.","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":"e815c693fead9eb13df3c4018904355afd3fac4a2afabb8606b79d367fd91643","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-60-60-175.705","next":"us-ok/okla.-stat.-tit.-60-60-175.707"},"notice":"GroundRules: Original legal text. Not legal advice."}