33-20-1404. Transfer of structured settlement payment right -- conditions. - Montana Statutes

     33-20-1404. Transfer of structured settlement payment right -- conditions. A direct or indirect transfer of a structured settlement payment right is not effective and a structured settlement obligor or annuity issuer is not required to make a payment directly or indirectly to a transferee of a structured settlement payment right unless a final court order or order of a responsible administrative authority has approved the transfer in advance based on written findings by the court or responsible administrative authority that:
     (1) the transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents, if any;
     (2) the payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and either has received independent professional advice or knowingly waived independent professional advice in writing; and
     (3) the transfer does not contravene any applicable statute or the order of any court or other government authority.

     History: En. Sec. 4, Ch. 351, L. 2005.