§ 55-1-45 — Limitation of action for fraudulent transfer of settlor's assets.

South Dakota § 55-1-45

• Jurisdiction: South Dakota
• Title 55: FIDUCIARIES AND TRUSTS
• Ch. 55-1: CLASSIFICATION AND CREATION OF TRUSTS

Text

A cause of action or claim for relief with respect to a fraudulent transfer of a settlor's assets pursuant to § 55-1-44 is extinguished unless the action under § 55-1-44 is brought by a creditor of the settlor who meets one of the following requirements: (1) Is a creditor of the settlor before the settlor's assets are transferred to the trust, and the action under § 55-1-44 is brought within the later of: (a) Two years after the transfer is made; or (b) Six months after the transfer is or reasonably could have been discovered by the creditor if the creditor: (i) Can demonstrate that the creditor asserted a specific claim against the settlor before the transfer; or (ii) Files another action, other than an action under § 55-1-44 , against the settlor that asserts a claim based on an act or omission of the settlor that occurred before the transfer, and the action described in this subsection is filed within two years after the transfer; or (2) Becomes a creditor subsequent to the transfer into trust, and the action under § 55-1-44 is brought within two years after the transfer is made.

Legislative History

SL 2011, ch 212, § 37; SL 2013, ch 239, § 23; SL 2020, ch 206, § 6.