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Revocable Trust During your lifetime, you're free to make changes to the trust or terminate it completely. With a revocable trust, you'll typically act as your own trustee and name someone else to become trustee upon your death or incapacitation. While you're alive, you have control over the assets in the trust.

Irrevocable Trusts Using an irrevocable trust allows you to minimize estate tax, protect assets from creditors and provide for family members who are under 18 years old, financially dependent, or who may have special needs.

If you would like to create a living trust in South Dakota, you need to create a written trust agreement and sign it before a notary public. To make the trust effective, you must transfer your assets into it. A revocable living trust is a popular estate planning option. It may be an option that will work for you.

A will is the simpler option for estate planning, but it needs to go through probate after you pass away, which can take time. Assets in a trust don't need to go through probate and can be distributed ing to the trust's terms more quickly, explains Williams.

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.

The law requires that the maker of the will be at least 18 years old and of sound mind. The will must be written, signed, and witnessed by two or more individuals. No witnesses are necessary if the will is dated and if the signature and material portions of the will are in the handwriting of the person making the will.