SDCL § 55-1-27: Certain remainder interests not property interests.
Where this section sits in the code
- TITLE 55. FIDUCIARIES AND TRUSTS
- CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS
Although a remainder interest may be an enforceable right, where it is not absolutely certain based on the language of the trust that the remainder interest will be distributed within one year, it may not be classified as a property interest. This section does not affect eligibility for any public assistance program administered by the Department of Social Services pursuant to § 28-1-1.
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