How to set up a trust in South Dakota
What is a South Dakota trust?
A living trust is an estate planning strategy that ensures your assets are not mishandled or squandered by your heirs. In your living trust form, you must include three roles: grantor (you), beneficiary (heir/heiress), and trustee (executor).
Then it's just a matter of making a list of your possessions that you want to successfully pass on to your beneficiaries. Cash, property, stocks, bonds, and personal property, among other items, fall into this category.
The benefits of a trust in South Dakota
In the last decade, the amount of money in trusts in South Dakota has more than doubled to $360 billion. Hundreds of trust laws that help insulate trusts from creditors, taxing authorities, and foreign governments have driven this trend. If you establish a trust in South Dakota, the records can be sealed by a judge and the government cannot touch or tax them.
How to set up a trust in South Dakota
1. Select a trust type - You have the option of creating an individual or joint trust. Married couples can also choose to use separate individual trusts.
2. Document your assets - Make a list of all the items you want to be included in the trust.
3. Name a trustee - This can be you, but you should also name a successor in case you die or become incapacitated.
4. Create the trust document - You can do this yourself or hire an estate lawyer to do it for you. DakotaPost has a partner who can assist.
5. Have the trust notarized - This just entails signing the trust in the presence of a notary. DakotaPost has notaries on staff who can help you.
6. Transfer the chosen property to the trust - This ensures that the trustee is able to disburse your assets to the intended recipients.
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South Dakota Residency FAQs
For both regular and enhanced permits the applicant must meet the following requirements (SDCL 23-7-7.1):
Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
- Is eighteen years-of age or older;
- Has never pled guilty or nolo contendere or been convicted of a felony or a crime of violence, as defined in SDCL 22-1-2 (9)
- Is not habitually in an intoxicated or drugged condition;
- Has no history of violence;
- Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in SDCL 27A-1-1 or is not currently adjudged mentally incompetent;
- Has no pending charges or previous violations of chapter 23-7, firearms control, 22-14, unlawful use of weapons, or 22-42, controlled substances; and marijuana, that constitute a felony or misdemeanor in the five years preceding the date of application.
- Is a citizen or legal resident of the United States; and
- Is not a fugitive from justice.
In addition to the above requirements, the enhanced permit also requires the following:
- A copy of the applicant's fingerprints for submission to the FBI, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal history background check;
- An authorization to run such fingerprint background check;
- A separate payment for the cost of processing the fingerprint background check;
- Proof the applicant has successfully completed a qualifying handgun course as defined in SDCL23-7-58 within the preceding twelve months or proof that the applicant is a current or former South Dakota law enforcement officer that has in the preceding twelve months, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
For additional information on conceal and carry permits, please visit the SD Secretary of State.
https://sdsos.gov/general-services/concealed-pistol-permits/default.aspx
Please link the above web address to SD Secretary of State
A) Schedule an appointment at the South Dakota Department of Public Safety via this link https://dps.sd.gov/driver-licensing/renew-and-duplicate/appointment-information
B) Appear in person at a SD Driver Testing Agency
C) Pass a Basic Vision Test, if over 65 years old a vision statement form is required.
D) Surrender your current valid Driver’s License
E) Bring Receipt demonstrating proof of a SD Mailing Address (provided upon request)
F) Bring Receipt of one night stay in SD (stay must be less than 1 year old)
G) Cost = $28 (cash only) and your license is valid for five years.
You can now renew your driver’s license through the mail. You will still need to provide a copy of a receipt of your stay in South Dakota (receipt needs to be less than a year old). This option will hopefully save you a trip back to South Dakota during the colder months!
You must bring one of the following items to prove identity, date of birth and lawful status:
- Valid unexpired U.S. passport
- Certified U.S. birth certificate
- Valid unexpired permanent resident card
- Valid unexpired employment authorization document
- Certificate of Naturalization
- Certificate of citizenship
- Certificate of Foreign passport with valid unexpired U.S. Visa with I-94 citizenship
You must bring one of the following items to prove identity, date of birth and lawful status:
- Social Security card
- SSA 1099 Form
- Non-SSA 1099 Form
- W-2 Form Pay stub (must include name and full social security number)
Please note if your last name is different on one of your IDs, you will need to provide the necessary documentation on why it is (birth certificate, marriage certificate, etc). You will also need to fill out a Residency Affidavit Form, available at all South Dakota Driver’s License station or download and print the form here.
CLICK HERE
If you are unable to attend your polling place in person on Election Day, you may be eligible to vote by absentee ballot. To vote by absentee ballot, a voter must request an absentee ballot application from your County Election Official. The County Election Official will send a paper absentee ballot to the voter. The voter then completes the ballot and returns it to the County Election Official.
Download the Absentee Ballot Application
Yes, you can. Voter Registration forms are available through the South Dakota Secretary of State office or CLICK HERE to download the necessary forms. To register to vote, you will need to complete the South Dakota Voter Registration Form. You can register to vote when you get your South Dakota driver's license and have met the state's requirements to be eligible to register to vote.
Your Voter Registration form with an original signature must be received by the auditor 15 days before any election if you wish to vote in that election. South Dakota law does not allow you to submit your voter registration form via fax or email.
Download the Voter Registration Form
