South Dakota Codified Laws 55-16-8. Powers and rights of transferor–Effect on qualified disposition
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A qualified disposition is subject to §§ 55-16-9 to 55-16-14, inclusive, notwithstanding a transferor’s retention of any or all of the powers and rights described in subdivision 55-16-2(2) and the transferor’s service as trust advisor pursuant to § 55-16-5. The transferor has only such powers and rights as are conferred by the trust instrument. Except as permitted by §§ 55-16-2 and 55-16-5, a transferor has no rights or authority with respect to the property that is the subject of a qualified disposition or the income therefrom, and any agreement or understanding purporting to grant or permit the retention of any greater rights or authority is void.
Terms Used In South Dakota Codified Laws 55-16-8
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Source: SL 2005, ch 261, § 8.