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SD SB100
Bill
AI Summary
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Trustees may reimburse trustors for personal income taxes owed on grantor trusts under federal tax code sections 671-678, unless the trust instrument expressly prohibits such reimbursement; life insurance policy values cannot be used for these reimbursements
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Trustees with discretionary distribution authority may appoint trust assets to a second trust with a separate governing instrument, subject to restrictions protecting beneficiary interests and preserving tax-qualified trust status
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Gifts from revocable trusts and discretionary distributions from irrevocable trusts are not treated as advancements against a beneficiary's share unless documented in writing by the trustor, trustee, or beneficiary
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Attorney-client privilege applies to communications between attorneys and fiduciaries, and attorneys representing fiduciaries owe no duties to trust beneficiaries unless expressly agreed otherwise in writing
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Fraudulent transfer claims against self-settled trusts must be filed within two years of transfer (or six months after discovery for pre-existing creditors), with creditors bearing the burden of proof by clear and convincing evidence
Legislative Description
Revise provisions related to trusts.
Fiduciaries and Trusts
Last Action
Signed by the Governor on March 10, 2026 S.J. 514
3/10/2026