The department considers that an individual has established a trust or similar legal device if assets of the individual were used to form all or part of the corpus of the trust and if the trust was established by one of the following persons:

1. (1) The individual;
2. (2) The individual's spouse;
3. (3) A person, including any court or administrative body, with legal authority to act in place of or on behalf of the individual or the individual's spouse; or

4. (4) A person, including any court or administrative body, acting at the direction or request of the individual or the individual's spouse.

   The provisions of this section do not apply to testamentary trusts.

Source: 20 SDR 170, effective April 21, 1994; 21 SDR 162, effective March 23, 1995.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.