Living Trust for Husband and Wife with One Child - South Dakota 2026

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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 where indicated. This establishes when the trust is created.
  3. In Article I, specify the name of your trust. This can be customized as per your preference, such as 'The Smith Family Revocable Living Trust'.
  4. Proceed to Article II and fill in the names of both Trustors (husband and wife) along with their address. Ensure accuracy as this identifies who is creating the trust.
  5. List your child’s name under Beneficiaries, ensuring that all details are correct for future distributions.
  6. In Article III, appoint a Trustee by filling in their name. If you choose a Successor Trustee, include their details as well.
  7. Complete Article IV by detailing any assets you wish to include in the trust. Attach Schedule A with a list of these assets.
  8. Review all sections carefully for completeness and accuracy before saving or printing your document.

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How much does a Trust cost in South Dakota? 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.
People with fewer assets, a modest estate, or just a relatively simple estate distribution plan most likely dont need a living trust, which, incidentally, generally has more upfront costs than writing a willand that may also be a consideration in deciding whether you need to include a living trust in your estate plan
If shielding assets from creditors is a concern, separate trusts usually offer greater protection. With a joint trust, if a creditor obtains a judgment against one spouse, all trust assets may be at risk. A spouses trust is generally protected from the other spouses creditors.
Your estate plan is entirely your decision, and you are free to leave your assets to others, such as other family members, friends, or charitable organizations, should you choose. If you do wish to leave something to your child but are concerned about their ability to manage it, a trust can be an excellent solution.
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.

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