- (1) the settlor has full right, title, and authority to transfer the assets to the trust;
- (2) the transfer of the assets to the trust will not render the settlor insolvent;
- (3) the settlor does not intend to hinder, delay, or defraud a known creditor by transferring the assets to the trust;
- (4) there is no pending or threatened court action against the settlor, except for a court action identified by the settlor on an attachment to the affidavit;
- (5) the settlor is not involved in an administrative proceeding that is reasonably expected to have a material adverse effect on the financial condition of the settlor, except an administrative proceeding identified on an attachment to the affidavit;
- (6) at the time of the transfer of the assets to the trust, the settlor is not in default of a domestic support obligation;
- (7) the settlor does not contemplate filing for relief under the provisions of United States Code, Title 11, Bankruptcy; and
- (8) the assets being transferred to the trust were not derived from unlawful activities.
Enacted by Chapter 338, 2025 General Session