South Dakota § 55-4-38 - Limitation on trustee's power to make distributions to his or her benefit.
Full text of South Dakota South Dakota Codified Laws § 55-4-38 — Limitation on trustee's power to make distributions to his or her benefit., with citation guidance and answers to common questions.
§ 55-4-38. Limitation on trustee's power to make distributions to his or her benefit.
Unless the terms of the trust refer to this section and provide otherwise, a power, including the power to make a distribution to another trust under § 55-2-15, that is exercisable by or attributable to a person, other than the settlor, in such person's capacity as a trustee to make discretionary distribution of either principal or income:
(1) To or for the benefit of himself or herself is exercisable by the person only for the person's health, education, maintenance, and support in the person's accustomed manner of living; or
(2) To or for the benefit of others, is not exercisable to discharge any of the person's own legal obligations.
Source: SL 2000, ch 229, § 4; SL 2007, ch 281, § 8.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 55-4-38
What does South Dakota Codified Laws § 55-4-38 cover?
Section 55-4-38 ("Limitation on trustee's power to make distributions to his or her benefit.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 55-4-38?
A common citation format is "South Dakota Codified Laws § 55-4-38" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 55-4-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.