A trust is the legal relationship between one person, the trustee, having an equitable ownership or management of certain property and another person, the beneficiary, owning the legal title to that property. The beneficiary is entitled to the performance of certain duties and the exercise of certain powers by the trustee, which performance may be enforced by a court of equity. This form is an example of a trust that is subject to direct court oversight since the initial trust funds resulted from a civil judgment in favor of a minor.
South Dakota Trust Agreement for Funds for Recovery of Judgment for Minor
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How to fill out Trust Agreement For Funds For Recovery Of Judgment For Minor?
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FAQ
Because these trusts are fairly new, the case law concerning their treatment is constantly evolving, which adds a level of uncertainty to their ability to properly protect assets. Most states have a limitation period during which assets transferred into such a trust remain vulnerable to creditors.
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.
Because South Dakota has no Rule Against Perpetuities, South Dakota grantors may establish a dynasty trust to retain control over trust assets forever?or at least until a court decides that the burden of administering the trust outweighs the benefit for existing beneficiaries.
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.
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.
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.
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.