Oklahoma § 58-3040 - Gifts

§ 58-3040. Gifts

A. In this section, a gift "for the benefit of" a person

includes a gift to a trust, an account under the Uniform Transfers

to Minors Act (1983/1986), and a tuition savings account or prepaid

tuition plan as defined under Internal Revenue Code Section 529, 26

U.S.C., Section 529, as amended.

Oklahoma Statutes - Title 58. Probate Procedure

B. Unless the power of attorney otherwise provides, language in

a power of attorney granting general authority with respect to gifts

authorizes the agent only to:

1. Make outright to, or for the benefit of, a person, a gift of

any of the principal's property, including by the exercise of a

presently exercisable general power of appointment held by the

principal, in an amount per donee not to exceed the annual dollar

limits of the federal gift tax exclusion under Internal Revenue Code

Section 2503(b), 26 U.S.C., Section 2503(b), as amended, without

regard to whether the federal gift tax exclusion applies to the

gift, or if the principal's spouse agrees to consent to a split gift

pursuant to Internal Revenue Code Section 2513, 26 U.S.C., Section

2513, as amended, in an amount per donee not to exceed twice the

annual federal gift tax exclusion limit; and

2. Consent, pursuant to Internal Revenue Code Section 2513, 26

U.S.C., Section 2513, as amended, to the splitting of a gift made by

the principal's spouse in an amount per donee not to exceed the

aggregate annual gift tax exclusions for both spouses.

C. An agent may make a gift of the principal's property only as

the agent determines is consistent with the principal's objectives

if actually known by the agent and, if unknown, as the agent

determines is consistent with the principal's best interest based on

all relevant factors, including:

1. The value and nature of the principal's property;

2. The principal's foreseeable obligations and need for

maintenance;

3. Minimization of taxes, including income, estate,

inheritance, generation-skipping transfer and gift taxes;

4. Eligibility for a benefit, a program or assistance under a

statute or regulation; and

5. The principal's personal history of making or joining in

making gifts.

Added by Laws 2021, c. 332, § 40, eff. Nov. 1, 2021.