Okla. Stat. tit. 18, § 18-381.40a
This is the official text of Okla. Stat. tit. 18, § 18-381.40a, part of Oklahoma’s Stat. tit. 18, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 18,." Browse the sections below, each linked to its official government source.
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Totten Trusts – Express trusts - Payment
Official statutory text
A. Whenever any deposit shall be made in an association by any
person which is in the form of a trust for another, and no other or
further notice of the existence and terms of a legal and valid trust
Oklahoma Statutes - Title 18. Corporations Page 46
shall have been given in writing to the association, in the event of
the death of the trustee, the same, or any part thereof, together
with the interest thereon, may be paid to the person or persons for
whom the deposit was made. A deposit held in this form shall be
deemed to constitute a Totten Trust. A revocation of such trust may
only be made in writing to the association, and the association
shall not suffer any liability for payment of funds pursuant to the
trust unless and until it receives written notice of revocation.
B. 1. If a deposit account is opened with an association by
one or more persons expressly as a trustee for one or more other
named persons and further notice of the existence and terms of a
legal and valid trust is not given in writing to the association,
the association may accept and administer the account as set forth
in subsection A of this section.
2. If a deposit account is opened with an association by one or
more persons expressly as a trustee for one or more other named
persons pursuant to or purporting to be pursuant to a written trust
agreement, the trustee may provide the association with a
certificate of trust to evidence the trust relationship. The
certificate shall be an affidavit of the trustee and must include
the effective date of the trust, the name of the trustee, the name
or method for choosing successor trustees, the name and address of
each beneficiary, the authority granted to the trustee, the
disposition of the account on the death of the trustee or the
survivor of two or more trustees, other information required by the
association, and an indemnification of the association. The
association may accept and administer the account, subject to the
provisions of Title 58 of the Oklahoma Statutes, in accordance with
the certificate of trust without requiring a copy of the trust
agreement. The association is not liable for administering the
account as provided by the certificate of trust, even if the
certificate of trust is contrary to the terms of the trust
agreement, unless the association has actual knowledge of the terms
of the trust agreement.
3. On the death of the trustee or the survivor of two or more
trustees, the association may pay all or part of the withdrawal
value of the account with interest as provided by the certificate of
trust. If the trustee did not deliver a certificate of trust, the
association's right to treat the account as owned by a trustee
ceases on the death of the trustee. On the death of the trustee or
the survivor of two or more trustees, the association shall, unless
the certificate of trust provides otherwise, pay the withdrawal
value of the account, with interest, in equal shares to the persons
who survived the trustee, are named as beneficiaries in the
certificate of trust, and can be located by the association from its
own records. If there is not a certificate of trust, payment of the
withdrawal value and interest shall be made as provided by Title 58
Oklahoma Statutes - Title 18. Corporations Page 47
of the Oklahoma Statutes. Any payment made under this section for
all or part of the withdrawal value and interest discharges any
liability of the association to the extent of the payment. The
association may pay all or part of the withdrawal value and interest
in the manner provided by this section, regardless of whether it has
knowledge of a competing claim, unless the association receives
actual knowledge that payment has been restrained by order of a
court of competent jurisdiction.
4. This section does not obligate an association to accept a
deposit account from a trustee who does not furnish a copy of the
of the withdrawal value and interest
in the manner provided by this section, regardless of whether it has
knowledge of a competing claim, unless the association receives
actual knowledge that payment has been restrained by order of a
court of competent jurisdiction.
4. This section does not obligate an association to accept a
deposit account from a trustee who does not furnish a copy of the
trust agreement or to search beyond its own records for the location
of a named beneficiary.
5. This section does not affect a contractual provision to the
contrary that otherwise complies with the laws of this state.
person which is in the form of a trust for another, and no other or
further notice of the existence and terms of a legal and valid trust
Oklahoma Statutes - Title 18. Corporations Page 46
shall have been given in writing to the association, in the event of
the death of the trustee, the same, or any part thereof, together
with the interest thereon, may be paid to the person or persons for
whom the deposit was made. A deposit held in this form shall be
deemed to constitute a Totten Trust. A revocation of such trust may
only be made in writing to the association, and the association
shall not suffer any liability for payment of funds pursuant to the
trust unless and until it receives written notice of revocation.
B. 1. If a deposit account is opened with an association by
one or more persons expressly as a trustee for one or more other
named persons and further notice of the existence and terms of a
legal and valid trust is not given in writing to the association,
the association may accept and administer the account as set forth
in subsection A of this section.
2. If a deposit account is opened with an association by one or
more persons expressly as a trustee for one or more other named
persons pursuant to or purporting to be pursuant to a written trust
agreement, the trustee may provide the association with a
certificate of trust to evidence the trust relationship. The
certificate shall be an affidavit of the trustee and must include
the effective date of the trust, the name of the trustee, the name
or method for choosing successor trustees, the name and address of
each beneficiary, the authority granted to the trustee, the
disposition of the account on the death of the trustee or the
survivor of two or more trustees, other information required by the
association, and an indemnification of the association. The
association may accept and administer the account, subject to the
provisions of Title 58 of the Oklahoma Statutes, in accordance with
the certificate of trust without requiring a copy of the trust
agreement. The association is not liable for administering the
account as provided by the certificate of trust, even if the
certificate of trust is contrary to the terms of the trust
agreement, unless the association has actual knowledge of the terms
of the trust agreement.
3. On the death of the trustee or the survivor of two or more
trustees, the association may pay all or part of the withdrawal
value of the account with interest as provided by the certificate of
trust. If the trustee did not deliver a certificate of trust, the
association's right to treat the account as owned by a trustee
ceases on the death of the trustee. On the death of the trustee or
the survivor of two or more trustees, the association shall, unless
the certificate of trust provides otherwise, pay the withdrawal
value of the account, with interest, in equal shares to the persons
who survived the trustee, are named as beneficiaries in the
certificate of trust, and can be located by the association from its
own records. If there is not a certificate of trust, payment of the
withdrawal value and interest shall be made as provided by Title 58
Oklahoma Statutes - Title 18. Corporations Page 47
of the Oklahoma Statutes. Any payment made under this section for
all or part of the withdrawal value and interest discharges any
liability of the association to the extent of the payment. The
association may pay all or part of the withdrawal value and interest
in the manner provided by this section, regardless of whether it has
knowledge of a competing claim, unless the association receives
actual knowledge that payment has been restrained by order of a
court of competent jurisdiction.
4. This section does not obligate an association to accept a
deposit account from a trustee who does not furnish a copy of the
of the withdrawal value and interest
in the manner provided by this section, regardless of whether it has
knowledge of a competing claim, unless the association receives
actual knowledge that payment has been restrained by order of a
court of competent jurisdiction.
4. This section does not obligate an association to accept a
deposit account from a trustee who does not furnish a copy of the
trust agreement or to search beyond its own records for the location
of a named beneficiary.
5. This section does not affect a contractual provision to the
contrary that otherwise complies with the laws of this state.
Status: in_force · Read it on the official government site
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