§ 4-10-523 — Qualified transfer affidavit

(a) A qualified transfer affidavit shall be in writing,
sworn to by the settlor, and shall include each of the following
statements:
(i) The settlor has full right, title and authority
to transfer the property to the qualified spendthrift trust;
(ii) The transfer of the property to the qualified
spendthrift trust will not render the settlor insolvent;
(iii) The settlor does not intend to defraud any
creditors by transferring the property to the qualified
spendthrift trust;
(iv) The settlor does not have any pending or
threatened court actions against him, except for those court
actions identified in the affidavit;
(v) The settlor is not involved in any administrative
proceedings, except for those administrative proceedings
identified in the affidavit;
(vi) At the time of the transfer of the property to
the qualified spendthrift trust, the settlor is not in default
of a child support obligation by more than thirty (30) days;
(vii) The settlor does not contemplate the filing for
relief under the provisions of the federal Bankruptcy Code;
(viii) The property transferred to the qualified
spendthrift trust was not derived from any unlawful activities;
(ix) The settlor has and shall maintain personal
liability insurance of at least one million dollars
($1,000,000.00) or shall provide coverage equal to the fair
market value of the settlor's total qualified transfers to
qualified spendthrift trusts, whichever is less. This affidavit
requirement shall not apply to a qualified transfer to a trust
created by a court order under W.S. 3-3-607 or an irrevocable
income trust created under W.S. 42-2-403(f)(ii) and 42 U.S.C.
1396p(d)(4)(B).