There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 55 FIDUCIARIES AND TRUSTS
Chapter 01. Classification And Creation Of Trusts
§55-1-28 Removal or replacement power over trustee not exercisable by beneficiary's creditors--Interests of trustee beneficiary not reachable.
SD Codified L § 55-1-28 (through 2011) What's This?
55-1-28. Removal or replacement power over trustee not exercisable by beneficiary's creditors--Interests of trustee beneficiary not reachable. No creditor may reach an interest of a beneficiary or any other person who holds an unconditional or conditional removal or replacement power over a trustee. This power is personal to the beneficiary and may not be exercised by the beneficiary's creditors. No court can direct a beneficiary to exercise the power.
No creditor may reach an interest of a beneficiary who is also a trustee or a co-trustee, or otherwise compel a distribution because the beneficiary is then serving as a trustee or co-trustee. No court may foreclose against such an interest.
Source: SL 2007, ch 280, § 5; SL 2009, ch 252, § 4.
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