Okla. Stat. tit. 60, § 60-175.25

remedies of creditors - Spendthrift trusts - Trustor's interest

alienable and subject to claims of creditors.

A. Any instrument creating a trust may provide by specific

words that the interest of any beneficiary in the income of the

trust shall not be subject to voluntary or involuntary alienation by

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such beneficiary. Subject to the following provisions of this

section, a direction to this effect shall be valid and enforceable.

B. Notwithstanding a provision in the terms of a trust

restraining the alienation of the interest of a beneficiary, such

interest shall be entitled to be reached in the satisfaction of

claims to the following extent:

1. All income due or to accrue in the future to the beneficiary

shall be subject to enforceable claims under the laws of this state

for:

a. support of a husband, wife, or child of the

beneficiary,

b. necessary services rendered or necessary supplies

furnished to the beneficiary, or

c. a judgment based on any such claim under subparagraph

a or b; and

2. In all cases not mentioned in paragraph 1 of this

subsection, all income due or to accrue in the future to the

beneficiary in excess of Twenty-five Thousand Dollars ($25,000.00)

per calendar year shall be subject to garnishment by creditors of

the beneficiary and shall be fully alienable by the beneficiary.

C. Where two or more creditors undertake to reach the interest

of any beneficiary of a trust, pursuant to the provisions of this

section, they shall be subject to priority of payment in the order

of the service of a notice of garnishment on the trustee. The

pendency of any attachment or garnishment shall not prevent the

filing of a further attachment or garnishment by the same or any

other creditor.

D. Where the beneficiary of any spendthrift trust is also the

beneficiary under any other spendthrift trust created or

administered either within or without this state, the aggregate

income payable under all such trusts to the beneficiary shall be

considered together for the purpose of determining the rights of

creditors and assignees under this section.

E. The right of any beneficiary of a trust to receive the

principal of the trust or any part of it, presently or in the

future, shall not be alienable and shall not be subject to the

claims of his creditors.

F. Where the interest of the beneficiary of a trust is subject

to the exercise of discretion by the trustee or by another, the

provisions of this act as to the rights of creditors and assignees

shall apply with respect to any sums which the trustee or such other

person determines shall be paid to or for the beneficiary.

G. A trust in which the interest of the beneficiary is subject

to restraints on alienation as provided in this act may be called a

"spendthrift trust" and a direction in any instrument creating a

trust that the interest of any beneficiary shall be held on or

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subject to a spendthrift trust shall be sufficient to restrain the

alienation of such interest to the extent provided in this act.

H. Nothing in this act shall authorize a person to create a

spendthrift trust or other inalienable interest for his own benefit.

The interest of the trustor as a beneficiary of any trust shall be

freely alienable and subject to the claims of his creditors.

I. The provisions of this section may be enforced only by an

action in a court of competent jurisdiction and the obligor

beneficiary shall be a party defendant in such action. The trustee

shall not be required to recognize any of the obligations provided

for in this section or to withhold any income from the beneficiary

until said trustee has been served with summons or garnishment

summons. Such action shall be governed by the rules of civil

procedure under the laws of this state.