An accounting by a fiduciary usually involves an inventory of assets, debts, income, expenditures, and other items, which is submitted to a court. Such an accounting is used in various contexts, such as administration of a trust, estate, guardianship or conservatorship. Generally, a prior demand by an appropriate party for an accounting, and a refusal by the fiduciary to account, are conditions precedent to the bringing of an action for an accounting.
South Dakota Petition to Require Accounting from Testamentary Trustee
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A trustee may invest and reinvest trust assets in any property or in an undivided interest in any property, wherever located, including bonds, debentures, secured or unsecured notes, preferred or common stock of corporations, real estate or improvements thereon or any interest therein, oil and mineral leases or royalty ...
The primary drawbacks to establishing a South Dakota dynastic trust are the restrictions on your financial flexibility once the trust is established and the limited flexibility imposed on beneficiaries.
What makes South Dakota special? South Dakota has no state income, capital gains, dividend/interest, or intangible tax. South Dakota also has no state inheritance or estate tax. As such, assets held in a South Dakota trust are taxed under South Dakota tax law and not subject to other state's high tax rates.
In some cases, you can name yourself as trustee. The trustee should be someone you trust and someone capable of managing the property as you have directed in the trust agreement. You should consider naming a successor trustee to act in the event the first trustee becomes unable or unwilling to serve.
To citizens of South Dakota: SDCL 10-45-10 exempts from sales tax the sale of products and services to the following governmental entities. Government entities must provide an exemption certificate to the vendor or the vendor must keep documentation to show the purchase was paid from government funds.
Asset Protection Trusts South Dakota was the first state to enact a discretionary trust statute designed to protect trust assets from creditors. This statutory protection also applies to self-settled trusts, these being trusts settled by a transferor of which the transferor is a beneficiary.
Nonresident individuals who wish to take advantage of South Dakota's favorable trust laws may do so by naming a South Dakota resident trustee (whether an individual or a corporate trustee) and allowing the assets to be administered in the state.
A living trust in South Dakota allows you to continue to have possession of your assets while they are owned in trust during your life. They are then distributed after your death ing to your wishes. A revocable living trust (sometimes known as an inter vivos trust) can be an important estate planning tool.