How Can an Executor Challenge a Creditor Claim on Predatory Lending Grounds for an Elderly Decedent in SD?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer When an executor discovers a creditor claim based on an allegedly predatory loan owed by an elderly decedent in South Dakota, the executor can challenge the claim through the probate court under the South Dakota Uniform Probate Code. Follow these […]
Read article →How to Access and Withdraw Money in a Deceased Person’s Bank Account During the Probate Process in South Dakota
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney in South Dakota. Detailed Answer When a person passes away, their assets—including bank accounts—become part of their estate. To lawfully access and withdraw funds, you must follow South Dakota probate procedures […]
Read article →Factors Determining the Total Cost of Administering an Estate in South Dakota
Disclaimer: This article provides general information and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Factors That Affect Estate Administration Costs in South Dakota Administering an estate in South Dakota involves various expenses. Understanding these factors helps you plan and budget effectively. Below are the primary cost drivers under […]
Read article →What steps are needed to seek guardianship or conservatorship for an incapacitated relative in South Dakota?
Detailed Answer Under South Dakota law, you can seek guardianship or conservatorship when an adult relative lacks the capacity to manage personal or financial affairs. The process follows the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (SDCL Title 29A). Below are the steps you must take. 1. Determine the Need Assess whether your relative […]
Read article →Which Documents and Certificates Should Be Collected to Begin Estate Administration in South Dakota (SD)?
Disclaimer: This article does not provide legal advice. It offers general information about South Dakota estate administration. Consult a licensed attorney for legal guidance. Detailed Answer Estate administration in South Dakota follows the Uniform Probate Code (Title 29A of the South Dakota Codified Laws). You start by gathering key documents and certificates. You need these […]
Read article →How Can Estate Expenses and Ongoing Bills Be Managed During the Probate Process in South Dakota?
Managing Estate Expenses and Ongoing Bills in South Dakota Probate Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies in South Dakota, a personal representative (often called an executor) must gather assets, pay debts and distribute property under SDCL 29A-3-1001. Managing estate expenses and ongoing […]
Read article →What Options Exist for Selling or Transferring Real Property When an Heir Is a Minor in South Dakota?
Disclaimer This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in South Dakota before making decisions about real property transactions involving minors. Detailed Answer When an heir is a minor in South Dakota, the child cannot legally sign deeds or contracts to sell or transfer real […]
Read article →How Can a Beneficiary Compel an Estate Administrator to Pay an Inheritance Share in SD?
How Can a Beneficiary Compel an Estate Administrator to Pay an Inheritance Share in SD? Disclaimer: This article does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation. Detailed Answer Understanding Your Rights as a Beneficiary Under South Dakota law, an estate administrator (personal representative) holds a fiduciary duty […]
Read article →How Does Intestate Succession Work in South Dakota When No Will Exists and the Decedent Has No Spouse and Three Children?
Detailed Answer Under South Dakota law, a person who dies intestate (without a valid will) is subject to the South Dakota Uniform Probate Code (Chapter 29A of the South Dakota Codified Laws). When there is no surviving spouse and the decedent is survived by three children, SDCL 29A-2-102 governs distribution. Statutory Framework SDCL 29A-2-102: Distribution […]
Read article →How can the Slayer statute rule affect an heir’s right to inherit from a decedent’s estate? (SD)
Disclaimer: This article provides general information and is not legal advice. Detailed Answer Under South Dakota law, the slayer rule prevents a person who feloniously and intentionally kills the decedent from inheriting any part of the decedent’s estate. SDCL 29A-2-803 states that a killer “forfeits all benefits” and is treated as having predeceased the victim. […]
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