{"data":{"id":"us-sd/sdcl-55-1-28","jurisdiction":"us-sd","citation":"SDCL § 55-1-28","heading":"Interest of beneficiary or others not reachable by creditors.","body":"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:\n(1) An unconditional or conditional power to remove a trustee; or\n(2) An unconditional or conditional power to replace a trustee.\nThe 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.\nThe powers to remove or replace a trustee, whether exercisable alone or in conjunction with another person, are not a property interest.\nNo 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.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS"],"source_url":"https://sdlegislature.gov/Statutes/55-1-28","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"f3a5728bdadd8f4c587eeb9158923efc417c6daddff58744a45443427904d950","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-1-27","next":"us-sd/sdcl-55-1-29"},"notice":"GroundRules: Original legal text. Not legal advice."}