Davenport Evans Lawyer Terry N. Prendergast had an article published in the South Dakota Law Review, Volume 61, Issue III. The article is republished here with the express permission of the South Dakota Law Review.

South Dakota in 2016 passed a special law allowing spouses to create a community property trust as defined by South Dakota law as a special spousal trust, which should allow those creating such a trust the 100% step up in basis on transfers to a surviving spouse at the deceased spouse’s death.  In this article, Terry Prendergast explains the workings of the law and its origins.

Terry N. Prendergast South Dakota Law Review Article PageArticle PDF: Prendergast S.D. L. Rev.

Terry N. Prendergast, South Dakota Special Spousal Property Trusts: South Dakota “Steps-Up” to the Plate and Hits a Home Run for Surviving Spouses, 61 S.D. L. Rev. 431 (2016).


Davenport, Evans, Hurwitz & Smith, LLP, located in Sioux Falls, South Dakota, is one of the state’s largest law firms. The firm’s attorneys provide business and litigation counsel to individuals and corporate clients in a variety of practice areas. For more information about Davenport Evans, visit www.dehs.com.