{"data":{"id":"us-sd/sdcl-55-1-45","jurisdiction":"us-sd","citation":"SDCL § 55-1-45","heading":"Limitation of action for fraudulent transfer of settlor's assets.","body":"A cause of action or claim for relief with respect to a fraudulent transfer of a settlor's assets pursuant to § 55-1-44 is extinguished unless the action under § 55-1-44 is brought by a creditor of the settlor who meets one of the following requirements:\n(1) Is a creditor of the settlor before the settlor's assets are transferred to the trust, and the action under § 55-1-44 is brought within the later of:\n(a) Two years after the transfer is made; or\n(b) Six months after the transfer is or reasonably could have been discovered by the creditor if the creditor:\n(i) Can demonstrate that the creditor asserted a specific claim against the settlor before the transfer; or\n(ii) Files another action, other than an action under § 55-1-44, against the settlor that asserts a claim based on an act or omission of the settlor that occurred before the transfer, and the action described in this subsection is filed within two years after the transfer; or\n(2) Becomes a creditor subsequent to the transfer into trust, and the action under § 55-1-44 is brought within two years after the transfer is made.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS"],"source_url":"https://sdlegislature.gov/Statutes/55-1-45","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"bdc9e7cdb806b03861174e1bddbca5f02c55ab553f5e8e4c8dbf57c7bb1a2ec6","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-1-44","next":"us-sd/sdcl-55-1-46"},"notice":"GroundRules: Original legal text. Not legal advice."}