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The marriage requirement is the primary distinction between TBE and joint tenancy. The people holding TBE must be married or, in some states, in a domestic partnership. Those holding a joint tenancy can be two or more people, related or not.
A South Dakota Dynasty Trust can endure for the longest possible time (i.e., unlimited) and avoid additional federal and state death taxes as well as state income taxes on the trust assets with added asset protection at each generation.
Joint tenancy has what is called ?right of survivorship?, where, if one owner dies, the surviving owner takes all of the property, immediately upon the other owner's death. No court action is necessary for the surviving owner to take the property.
Under a joint tenancy with the right of survivorship, each owner effectively owns the whole asset. In other words, each owner shares ownership equally. If one owner dies, the other owner acquires the deceased owner's interest automatically.
The South Dakota Real Property Transfer on Death Act lets joint owners?which include joint tenants with right of survivorship, but not tenants in common?sign the same South Dakota TOD deed. If other joint owners are still living when an owner dies, the property passes to those owners under the right of survivorship.
The most common forms of co-ownership include: Tenancy in common is used when property is held by two or more persons and, upon death, each owner's interest passes to his heirs or devisees.
South Dakota ? The Land of No Taxation: No state income or capital gains tax. One of the lowest state insurance premium taxes. No intangibles tax.
While the tax is net income-based, SDCL 10-43-90 imposes a minimum financial institution tax specific to South Dakota chartered trust companies. The minimum financial institution tax applied to South Dakota chartered trust companies is tiered over the first five years of operations.