If the trust contains a spendthrift provision, no creditor may reach present or future mandatory distributions from the trust at the trust level. Moreover, no court may order a trustee to distribute past due mandatory distributions directly to a creditor.

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Terms Used In South Dakota Codified Laws 55-1-41

  • Trustee: A person or institution holding and administering property in trust.

Source: SL 2007, ch 280, § 18; SL 2009, ch 252, § 9.