Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, March 23, 2010

South Dakota Enacts Tax Fix Statute for Problems Caused by Estate Tax Repeal

South dakotaOn March 11, 2010, South Dakota enacted a tax fix law providing that the estate tax laws applicable on December 31, 2009, will apply to wills and trusts that refer to federal estate and generation-skipping transfer tax laws. The law applies only if the will or trust has not been modified since December 31, 2009 and does not provide a contrary intent. The law also provides 12 months for interested individuals to request a proceeding to determine if the tax laws in effect on December 31, 2009, should apply.

See also my prior post regarding a similar law enacted in Indiana.

Special thanks to Terry N. Prendergast (attorney & partner, Souix Falls, South Dakota) for bringing this to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2010/03/south-dakota-enacts-tax-fix-statute-for-problems-caused-by-estate-tax-repeal.html

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