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South Dakota has one of the top dynasty purpose trust statutes in the U.S. In fact, South Dakota is one of the few states that allow for purpose trusts to be established for any lawful purpose, not just for the pets or honoraries. The purpose trust does not have beneficiaries; its sole purpose is to care for an asset.
South Dakota's privacy statute provides for a total seal forbidding the release of trust information, including names of settlors, beneficiaries, and the contents of a trust, to the public during litigation.
If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...
The main drawback of an asset protection trust is that it's irrevocable. Once assets are transferred to the trust, you can't change your mind and take them back out again. That could complicate estate planning if you have a change of heart about which assets you want to include.
An Asset Protection Trust (APT) is a special type of Trust that's used to protect your estate and assets from creditors. Generally, asset protection "schemes" are based on severing the connection between you and your assets. Ultimately, this means you have no control to use or distribute the assets.
The cost of creating a will in South Dakota can range from roughly $250 to $1,000. A South Dakota trust typically costs anywhere between $900 and $3,450. At Snug, any member can create a Power of Attorney and Health Care Directive for free. A Will costs $195 and a Trust costs $500.
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.
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.
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.
No State Income Tax The most significant tax advantage offered by South Dakota is that it does not collect income tax. This fact, combined with all the other trust laws, is what makes South Dakota such an attractive jurisdiction to establish trusts originating from other states.