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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.
Definition Of A Silent Trust Silent trusts are known as quiet trusts due to the fact that the existence of a trust or information about a trust is not provided to the beneficiary and therefore remain confidential.
State statute will govern how long the record will remain sealed. In South Dakota, trust information that comes out in court is automatically sealed from the public, and no request is required. Furthermore, that seal is perpetual so that trust information never becomes public.
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.
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. 55-2-13.1 Information to be provided to excluded fiduciaries--Liability limits of trustee.
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'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.
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.