Living Trust for Husband and Wife with No Children - South Dakota 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the date at the top of the document. This is crucial as it marks the official creation of your trust.
  3. In Article I, specify the name of your trust. This should reflect your preferences, such as 'The [Your Last Name] Revocable Living Trust'.
  4. In Article II, fill in your names and address as Trustors. Ensure accuracy since this identifies you as the creators of the trust.
  5. Designate a Trustee in Article III. You can appoint yourselves or another trusted individual. If applicable, include a Successor Trustee.
  6. List all assets intended for inclusion in Article IV. Attach an Exhibit A if necessary to detail these assets.
  7. Review Articles V through XII carefully to understand trustee powers and administration rules. Make any necessary adjustments based on your specific needs.

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The trustee must be a qualifying South Dakota trustee, the trust must have an express South Dakota governing law clause, the trust must be irrevocable, and, the trust must have a spendthrift clause.
The cost of setting up a trust in South Dakota varies depending on the complexity of the trust and the attorneys fees. A basic Revocable Living Trust generally ranges from $1,000 to $3,000. More complex trusts can cost several thousand dollars more.
Professionals usually charge an annual fee of between 1 percent to 2 percent of assets in the trust. So, for example, the annual fee for a trust holding $1 million could be between $10,000 and $20,000. Often, professionals charge a higher percentage of smaller trusts and a lower percentage of larger trusts.
South Dakota imposes no state income tax, capital gains tax, or estate tax, allowing trust assets to grow without state-imposed financial burdens. Additionally, beneficiaries are not subject to inheritance taxes, making South Dakota one of the most tax-efficient jurisdictions for trust planning.
Couples without children may want to leave their assets to organizations that have impacted their lives, such as charities, religious groups, or their alma maters in addition to their family members and friends. Trusts can ensure these assets are distributed according to their wishes.
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