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Code · South Dakota · Title 55 · Chapter 55-1

55-1-24. Definitions applicable to §§ 55-1-24 to 55-1-45.

187 words·~1 min read·/sd/title-55/chapter-55-1/55-1-24

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Terms used in §§ 55-1-24 to 55-1-45 , inclusive, mean:
(1)"Beneficial interest," is limited to mean a distribution interest or a remainder interest. A beneficial interest specifically excludes a power of appointment or a power reserved by the settlor;
(2)"Distribution beneficiary," a beneficiary who is an eligible distributee or permissible distributee of trust income or principal;
(3)"Distribution interest," a distribution interest held by a distribution beneficiary. A distribution interest may be a current distribution interest or a future distribution interest. A distribution interest may be classified as a mandatory interest, a support interest, or a discretionary interest;
(4)"Power of appointment," as defined in § 55-1-12 ;
(5)"Reach," with respect to a distribution interest or power, to subject the distribution interest or power to a judgment, decree, garnishment, attachment, execution, levy, creditor's bill or other legal, equitable, or administrative process, relief, or control of any court, tribunal, agency, or other entity as provided by law;
(6)"Remainder interest," an interest where a trust beneficiary receives the property outright at some time during the future;
(7)"Reserved power," a power held by the settlor.
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