With respect to a transfer of assets to an asset protection trust, a settlor may sign a sworn affidavit stating that at the time of the transfer of the assets to the trust: (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.
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