Davenport Evans Lawyers Matthew W. Van Heuvelen and Mark R. Krogstad 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.

Various states have enacted legislation allowing for the creation of self-settled spendthrift trusts in the last decade, which has given rise to domestic asset protection trusts (“DAPTs”). The enactment of DAPT laws in South Dakota and various other states has caused debate related to specific federal gift and estate tax questions. Mark R. Krogstad and Matthew W. Van Heuvelen discuss in this Article how the recent changes to South Dakota’s DAPT statutes may affect the federal transfer tax implications of a South Dakota DAPT.

Krogstad and Van Heuvelen South Dakota Law Review Article PageArticle PDF: Krogstad Van Heuvelen S.D. L. Rev.

Mark R. Krogstad & Matthew W. Van Heuvelen, Domestic Asset Trusts: Examining the Effectiveness of South Dakota Asset Protection Trust Statutes for Removing Assets From a Settlor’s Gross Estate, 61 S.D. L. Rev. 378 (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.