55-16-1. Definitions.Terms used in this chapter mean:(1)'Claim,' a right to payment, whether or not the right is reduced to judgment liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured;(2)'Creditor,' with respect to a transferor, a person who has a claim;(3)'Debt,' liability on a claim;(4)'Disposition,' a transfer, conveyance, or assignment of property, including a change in the legal ownership of property occurring upon the substitution of one trustee for another or the addition of one or more new trustees, or the exercise of a power so as to cause a transfer of property to a trustee or trustees. The term does not include the release or relinquishment of an interest in property that theretofore was the subject of a qualified disposition;(5)'Property,' real property, personal property, and interests in real or personal property;(6)'Qualified disposition,' a disposition by or from a transferor to a qualified person or qualified persons, without consideration or for less than fair market value, by means of a trust instrument;(7)'Spouse' and 'former spouse,' only persons to whom the transferor was married at, son or qualified persons, without consideration or for less than fair market value, by means of a trust instrument;(7)'Spouse' and 'former spouse,' only persons to whom the transferor was married at, or before, the time the qualified disposition is made;(8)'Transferor,' any person as an owner of property; as a holder of a power of appointment which authorizes the holder to appoint in favor of the holder, the holder's creditors, the holder's estate, or the creditors of the holder's estate; or as a trustee, directly or indirectly, makes a disposition or causes a disposition to be made.The terms, transferor and beneficiary, may be any person as defined in subdivision 55-4-1(2). Source: SL 2005, ch 261, §1; SL 2015, ch 240, §20; SL 2018, ch 275, §28.
South Dakota Legal Code