Oklahoma Discretionary and Special Needs Trust Act. The following provisions apply to all trusts created pursuant to the Oklahoma Discretionary and Special Needs Trust Act: 1. A creditor shall not attach, exercise, or otherwise reach an interest of a beneficiary or any other person who holds an unconditional or conditional removal or replacement power over a trustee. Further, this power is personal to the beneficiary and may not be exercised by the creditors of the beneficiary, nor may a court direct any person to exercise this power; 2. A creditor shall not reach an interest of a beneficiary nor otherwise compel a distribution because the beneficiary is then serving as a trustee or a cotrustee; 3. If a party challenges a settlor or the influence of a beneficiary over a trust, the following factors, alone or in combination, shall not be considered dominion and control over a trust: a. a beneficiary serving as a trustee or a cotrustee as described in paragraph 2 of this section, b. the settlor or a beneficiary holds an unrestricted power to remove or replace a trustee, c. the settlor or a beneficiary, as provided in the applicable trust instrument, is: (1) a trust administrator, (2) a trust protector, (3) a special trustee, or (4) a general partner of a partnership, a manager of a limited liability company, an officer of a corporation, or any other managerial function of any other type of entity, and part or all of the trust property consists of an interest in said entity, d. a person related by blood or adoption to a settlor or a beneficiary is appointed as trustee, or e. an accountant of a settlor or a beneficiary, attorney, financial advisor, business associate, or a friend is appointed as trustee; and 4. The settlor or any beneficiary shall not be deemed to be the alter ego of a trustee. The following factors, alone or in combination, shall not be sufficient evidence for a court to conclude that the settlor controls a trustee or is the alter ego of a trustee: a. any combination of the factors listed in paragraph 3 of this section, b. occasional occurrences in which the settlor or a beneficiary may have signed checks, made disbursements or executed other documents related to the trust as a trustee, when in fact the settlor or a beneficiary was not a trustee, c. making requests for distributions on behalf of beneficiaries, or d. making requests to the trustee to hold, purchase, or sell any trust property.
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