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OK HB2171

Bill

Status

Passed

5/27/2010

Primary Sponsor

Mark McCullough

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Establishes the Oklahoma Discretionary and Special Needs Trust Act, effective November 1, 2010, creating a comprehensive framework for trusts with discretionary and special needs provisions.

  • Prohibits judicial sale of distribution interests, remainder interests, powers of appointment, and reserved powers in trusts; prevents trust property from being subject to trustee's personal obligations.

  • Classifies beneficiary distribution interests as mandatory, support, or discretionary, with different creditor protections for each type; discretionary interests are not subject to creditor attachment regardless of creditor type.

  • Protects special needs trusts from creditor claims by restricting distributions that would cause loss of government benefits eligibility, and restricts exception creditors (child support claimants) to attachment of support interests only.

  • Specifies that settlors and beneficiaries cannot be deemed alter egos of trustees based on factors such as serving as trustee, holding removal powers, or serving as trust administrators, accountants, or advisors.

Legislative Description

Property; establishing the Oklahoma Discretionary and Special Needs Trust Act. Effective date.

Property

Last Action

Approved by Governor 05/26/2010

5/27/2010

Committee Referrals

Judiciary2/3/2009

Full Bill Text

No bill text available