(a) A qualified affidavit must be signed under the penalties of perjury, and state the following:
- (1) That the transferor has full right, title, and authority to transfer the property to the legacy trust.
- (2) That the transfer of the property to the legacy trust will not render the transferor insolvent.
- (3) That the transferor does not intend to defraud a creditor by transferring the property to the legacy trust.
- (4) That there are no pending or threatened court actions against the transferor other than the court actions identified by the transferor and attached to the qualified affidavit.
- (5) That the transferor is not involved in any administrative proceedings other than the administrative proceedings identified by the transferor and attached to the qualified affidavit.
- (6) That the transferor does not contemplate filing for relief under the federal bankruptcy code.
- (7) That the property transferred to the legacy trust is not derived from unlawful activities.
- (b) Except as provided in subsection (c), a qualified affidavit must be signed by the transferor.
- (c) In the case of a disposition by a transferor who is a trustee, the qualified affidavit must be signed by the transferor who made the original disposition to the trustee. A qualified affidavit signed under this subsection must state the facts as of the time of the original disposition.
- (d) If a transferor is a married individual at the time a qualified affidavit is signed, the transferor shall provide a copy of the qualified affidavit to the transferor's spouse.
As added by P.L.221-2019, SEC.9.