{"data":{"id":"us-sd/sdcl-55-16-12","jurisdiction":"us-sd","citation":"SDCL § 55-16-12","heading":"Creditor or other person--Rights with respect to a qualified disposition--Action against trustee, advisor, or trust preparer prohibited.","body":"Notwithstanding any law to the contrary, a creditor, including a creditor whose claim arose before or after a qualified disposition, or any other person has only such rights with respect to a qualified disposition as are provided in §§ 55-16-9 to 55-16-16, inclusive, and no such creditor nor any other person has any claim or cause of action against the trustee, or advisor, described in § 55-16-4, of a trust that is the subject of a qualified disposition, or against any person involved in the counseling, drafting, preparation, execution, or funding of a trust that is the subject of a qualified disposition. In addition to the provisions of § 55-1-43, at no time is a qualified person, as defined in § 55-16-3, personally liable to a creditor of a transferor or any other person for distributions made by the qualified person, before the creditor or person notified the qualified person, in writing, that a claim or cause of action existed. This applies regardless of whether the distributions are made to or for the benefit of the transferor or a beneficiary during the period in which a creditor or other person could make a claim as provided in § 55-16-10.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-16. QUALIFIED DISPOSITIONS IN TRUST"],"source_url":"https://sdlegislature.gov/Statutes/55-16-12","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"1cbb334800a2c110fe92d06f75b1a8cdfbbe595946341f3e114d2f0689b9b814","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-16-11","next":"us-sd/sdcl-55-16-13"},"notice":"GroundRules: Original legal text. Not legal advice."}