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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 55-1-28: Interest of beneficiary or others not reachable by creditors.

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Where this section sits in the code
  1. TITLE 55. FIDUCIARIES AND TRUSTS
  2. CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS

No creditor may reach an interest of a beneficiary or of any other person on the grounds that the beneficiary or other person holds, either alone or in conjunction with another person, either or both of the following:

(1) An unconditional or conditional power to remove a trustee; or

(2) An unconditional or conditional power to replace a trustee.

The powers to remove or replace a trustee are personal to the power holder. No court may order, direct, or otherwise compel a power holder to directly or indirectly exercise the power to remove or replace a trustee for the purpose of directly or indirectly satisfying, either in whole or in part, any claim or judgment against the power holder or a beneficiary.

The powers to remove or replace a trustee, whether exercisable alone or in conjunction with another person, are not a property interest.

No creditor may reach an interest of a beneficiary on the grounds that the beneficiary is also a trustee or a co-trustee and no court may foreclose against such an interest. No court may order, direct, or otherwise compel a distribution because the beneficiary is then serving as a trustee or co-trustee.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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