55-10A-6. Other transfer by fiduciary.
A transfer under subdivisions (1) or (2) may be made only if the personal representative, trustee or conservator considers the transfer to be in the best interest of the minor, the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument and the transfer is authorized by the court if it exceeds ten thousand dollars in value; and:
(1)A personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to §55-10A-9, in the absence of a will or under a will or trust that does not contain an authorization to do so; or
(2)A conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to §55-10A-9.
Source: SL 1986, ch 409, §6.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 10A - Uniform Transfers To Minors Act
Section 55-10A-1 - Definitions.
Section 55-10A-2 - Scope and jurisdiction.
Section 55-10A-3 - Nomination of custodian.
Section 55-10A-4 - Transfer by gift or exercise of power of appointment.
Section 55-10A-5 - Transfer authorized by will or trust.
Section 55-10A-6 - Other transfer by fiduciary.
Section 55-10A-7 - Transfer by obligor.
Section 55-10A-8 - Receipt for custodial property.
Section 55-10A-9 - Manner of creating custodial property and effecting transfer.
Section 55-10A-10 - Designation of initial custodian.
Section 55-10A-12 - Single custodianship.
Section 55-10A-13 - Validity and effect of transfer.
Section 55-10A-14 - Care of custodial property.
Section 55-10A-15 - Powers of custodian.
Section 55-10A-16 - Use of custodial property.
Section 55-10A-17 - Custodian's expenses, compensation, and bond.
Section 55-10A-18 - Exemption of third person from liability.
Section 55-10A-19 - Liability to third persons.
Section 55-10A-21 - Accounting by and determination of liability of custodian.
Section 55-10A-22 - Termination of custodianship.
Section 55-10A-23 - Applicability.
Section 55-10A-24 - Effect on existing custodianships.