SDCL § 55-1-26: Judicial foreclosure of beneficial interests, powers of appointment, and reserved powers prohibited--Creditors may not reach powers of appointment or remainder interests.
Where this section sits in the code
- TITLE 55. FIDUCIARIES AND TRUSTS
- CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS
Regardless of whether or not a trust contains a spendthrift provision:
(1) No beneficial interest, power of appointment, or reserved power in a trust may be judicially foreclosed;
(2) No creditor may reach a power of appointment or a remainder interest at the trust level. The creditor shall wait until the funds are distributed before the creditor may reach the funds; and
(3) No power of appointment is property or an interest in property.
For purposes of this section, power of appointment is held by a person to whom a power has been given, not the settlor.
Collected 2026-09-03T15:18:57Z. Source file · JSON