In most states a certificate or memorandum of a trust agreement which conveys or entrusts an interest in real property may be recorded with the land records clerk of the appropriate county in lieu of the entire trust agreement. The certificate must be executed by the trustee and it must contain the following: (a) the name of the trust; (b) the street and mailing address of the office, and the name and street and mailing address of the trustee; (c) the name and street and mailing address of the trustor or grantor; (d) a legally sufficient description of all interests in real property owned by or conveyed to the trust; (e) the anticipated date of termination of the trust; and (f) the general powers granted to the trustee.
South Dakota Certificate or Memorandum of Trust Agreement
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If the trustor/grantor is still alive, and all beneficiaries agree to the proposed modification/termination, the trust may be changed or canceled by judicial action or written agreement. This step can be taken regardless of whether doing so violates a stated material purpose of the trust.
South Dakota was the first state in the nation to abolish the Rule Against Perpetuities ? which prohibited unlimited-duration trusts ? in 1983, clearing the way for the creation of the Dynasty Trust.
Living trusts provide a variety of benefits that may appeal to you. Creating a living trust in South Dakota gives you control over your assets during life and after death. While your assets are owned in the name of the trust, you will continue to use them as you normally would, so nothing in your daily life changes.
The cost of setting up a trust in South Dakota varies depending on the complexity of the trust and the attorney's fees. A basic Revocable Living Trust generally ranges from $1,000 to $3,000. More complex trusts can cost several thousand dollars more.
South Dakota Decanting Statute: South Dakota requires only that a trustee have ?discretionary authority? over income or principal (without requiring that authority to be ?unfettered? or ?absolute?). Any trustee discretion over income or principal is appropriate.
55-2-13. Notice to qualified beneficiaries of existence of trust--Written directions--Variation of right of a beneficiary to be informed--Confidentiality of trust information.
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.
South Dakota's ?quiet? trust statute authorizes the restriction of the disclosure of information to beneficiaries. South Dakota PTC legislation authorizes private trust companies to provide trust services to a family group, but not offer services to the public.
