{"data":{"id":"us-ok/okla.-stat.-tit.-60-60-175.84","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 60, § 60-175.84","heading":"Applicable provisions for trusts created pursuant to","body":"Oklahoma Discretionary and Special Needs Trust Act.\n\nThe following provisions apply to all trusts created pursuant to\n\nthe Oklahoma Discretionary and Special Needs Trust Act:\n\n1. A creditor shall not attach, exercise, or otherwise reach an\n\ninterest of a beneficiary or any other person who holds an\n\nunconditional or conditional removal or replacement power over a\n\ntrustee. Further, this power is personal to the beneficiary and may\n\nnot be exercised by the creditors of the beneficiary, nor may a\n\ncourt direct any person to exercise this power;\n\n2. A creditor shall not reach an interest of a beneficiary nor\n\notherwise compel a distribution because the beneficiary is then\n\nserving as a trustee or a cotrustee;\n\n3. If a party challenges a settlor or the influence of a\n\nbeneficiary over a trust, the following factors, alone or in\n\ncombination, shall not be considered dominion and control over a\n\ntrust:\n\na. a beneficiary serving as a trustee or a cotrustee as\n\ndescribed in paragraph 2 of this section,\n\nb. the settlor or a beneficiary holds an unrestricted\n\npower to remove or replace a trustee,\n\nc. the settlor or a beneficiary, as provided in the\n\napplicable trust instrument, is:\n\n(1) a trust administrator,\n\n(2) a trust protector,\n\n(3) a special trustee, or\n\n(4) a general partner of a partnership, a manager of\n\na limited liability company, an officer of a\n\ncorporation, or any other managerial function of\n\nany other type of entity, and part or all of the\n\ntrust property consists of an interest in said\n\nentity,\n\nd. a person related by blood or adoption to a settlor or\n\na beneficiary is appointed as trustee, or\n\ne. an accountant of a settlor or a beneficiary, attorney,\n\nfinancial advisor, business associate, or a friend is\n\nappointed as trustee; and\n\n4. The settlor or any beneficiary shall not be deemed to be the\n\nalter ego of a trustee. The following factors, alone or in\n\ncombination, shall not be sufficient evidence for a court to\n\nconclude that the settlor controls a trustee or is the alter ego of\n\na trustee:\n\na. any combination of the factors listed in paragraph 3\n\nof this section,\n\nb. occasional occurrences in which the settlor or a\n\nbeneficiary may have signed checks, made disbursements\n\nor executed other documents related to the trust as a\n\ntrustee, when in fact the settlor or a beneficiary was\n\nnot a trustee,\n\nc. making requests for distributions on behalf of\n\nbeneficiaries, or\n\nd. making requests to the trustee to hold, purchase, or\n\nsell any trust property.","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":"47d9408826d359b74e5ba677b68af8c15e0302e7a4f8759cbdceb69e6ab6abca","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-60-60-175.83","next":"us-ok/okla.-stat.-tit.-60-60-175.85"},"notice":"GroundRules: Original legal text. Not legal advice."}