{"data":{"id":"us-sd/sdcl-55-1-26","jurisdiction":"us-sd","citation":"SDCL § 55-1-26","heading":"Judicial foreclosure of beneficial interests, powers of appointment, and reserved powers prohibited--Creditors may not reach powers of appointment or remainder interests.","body":"Regardless of whether or not a trust contains a spendthrift provision:\n(1) No beneficial interest, power of appointment, or reserved power in a trust may be judicially foreclosed;\n(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\n(3) No power of appointment is property or an interest in property.\nFor purposes of this section, power of appointment is held by a person to whom a power has been given, not the settlor.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS"],"source_url":"https://sdlegislature.gov/Statutes/55-1-26","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"b75cb6b3ee126c9d6e2354ae4a22515c90714b89a38f9efe2a561e39d53f1f92","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-1-25","next":"us-sd/sdcl-55-1-27"},"notice":"GroundRules: Original legal text. Not legal advice."}