The provisions of §§ 55-4-38 to 55-4-40, inclusive, do not apply to a decedent‘s or settlor’s spouse who is the trustee of a testamentary trust or an inter vivos trust for which a marital deduction is allowable.

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Terms Used In South Dakota Codified Laws 55-4-41

  • Decedent: A deceased person.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.

Source: SL 2000, ch 229, § 7.