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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.
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.
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.
Dynasty Trusts can last forever (at least in South Dakota). This provides you with the opportunity to protect your loved ones for generations to come - providing long lasting security.
South Dakota permits a plaintiff to recover damages so long as their fault was ?slight." Flipping this around, a defendant's fault must be ?gross" (or great) for a defendant to be liable for a plaintiff's injuries. Lawyers call this ?slight-gross negligence," and it can limit a plaintiff's ability to recover.
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 person with a possessory interest in land, including an owner, lessee, or other occupant, owes any duty of care to a trespasser nor is subject to liability for any injury to a trespasser except as provided in §§ 20-9-11.3 to 20-9-11.6, inclusive. Source: SL 2011, ch 111, § 1.
Class 1 Misdemeanor. This category includes crimes such as first-degree petty theft, unauthorized operation of a vehicle or vessel, and hiring a prostitute. A Class 1 misdemeanor may be punishable by up to one year imprisonment and/or up to $2,000 in fines.