Guides
South Dakota probate articles
- How Do You Make a Valid Will In South Dakota?
2021-08-26
A valid will under South Dakota law must be: In writing; Signed by the testator or at the testator’s direction; Witnessed and attested by two witnesses in the conscious presence of the testator. The requirements to make a valid will …
- Power of Attorney Not Authorized for Self Dealing
2019-09-23
A power of attorney is a legal document is a legal document delegating authority from one person to another. The Supreme Court of South Dakota provided yet another example of how important the language contained within a power of attorney t…
- South Dakota Supreme Court Affirms Undue Influence Will Contest
2020-04-07
In the April 1, 2020 opinion Estate of Gaaskjolen , the South Dakota Supreme Court affirmed an undue influence finding of the probate court and provided a guide to proving undue influence in a South Dakota will contest case. The Facts Of Es…
- South Dakota Supreme Court: Can A Court Consider The Validity of A Trust In A Petition For Judicial Supervision?
2020-06-08
A South Dakota circuit court can consider the validity of a trust in a petition for judicial supervision under SDCL chapter 21-22. The South Dakota Supreme Court, in the June 2020 opinion In re Russell I. Carver Trust , reversed the South D…
- South Dakota Supreme Court Determines Surviving Spouse’s Creditor Claim Timely Presented
2022-07-28
In In Re Estate of Smeenk , a July 20, 2022 opinion, the South Dakota Supreme Court considered whether a surviving spouse timely and properly presented a creditor claim and whether she was entitled to specific performance for breach of dece…
- South Dakota Supreme Court: Partition Upheld Where Deed Severs Joint Tenancy Of Husband And Wife
2020-08-12
In a July 2020 opinion from the South Dakota Supreme Court, Moeckly v. Hanson , the court upheld a partition judgment against a surviving spouse where a corrective deed executed by the couple failed to contain express language of joint tena…
- South Dakota Supreme Court – Trust Beneficiaries Lack Standing To Bring Creditor Claim Against Estate
2021-08-12
In the July 28, 2021 opinion of In Re Estate of Calvin , the South Dakota Supreme Court determined that Trust beneficiaries lacked standing to bring a creditor claim against their father’s estate because the Trust was the real party in inte…
- Surviving Spouse Rights South Dakota
2019-11-06
The South Dakota Uniform Probate Code has built in rights for surviving spouses, including: Intestate Share Homestead Allowance Family Allowance Exempt Property Elective Share The rights of surviving spouses in South Dakota (also referred t…
- Who Are Next Of Kin In South Dakota?
2020-11-30
“Next of kin” in South Dakota means the closest relatives to the decedent under the laws of intestate succession and includes: Surviving spouse Descendants Parents Siblings Grandparents South Dakota’s laws of intestate succession apply when…