Indiana § 30-4-8-5 - Qualified affidavits
Full text of Indiana Indiana Code § 30-4-8-5 — Qualified affidavits, with citation guidance and answers to common questions.
§ 30-4-8-5. Qualified affidavits
Sec. 5. (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.
Frequently Asked Questions About Indiana § 30-4-8-5
What does Indiana Code § 30-4-8-5 cover?
Section 30-4-8-5 ("Qualified affidavits") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 30-4-8-5?
A common citation format is "Indiana Code § 30-4-8-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 30-4-8-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.