South Dakota: How to Find Where Sale Proceeds from Your Dad’s House Will Go
How to find exactly where the sale proceeds from your dad’s house will go Short answer: Track ownership and encumbrances (deeds, mortgages, liens), determine how title passes at death (will, trust, joint ownership, or intestacy), and follow the probate or trust administration steps. Contact the county register of deeds, the lender/title company, and the personal […]
Read article →South Dakota: Can a Prenuptial Agreement Affect a Life Estate or My Inheritance, and What to Do If an Executor Withholds the Agreement?
Detailed Answer Short answer: Yes — a valid prenuptial (premarital) agreement can change how property and spousal rights are handled in South Dakota, and that can affect life‑estate planning or the share you ultimately receive from your mother’s estate. If an executor refuses to provide the agreement or basic probate information, you have steps you […]
Read article →How to Verify Your Inheritance Share from a Sibling’s House Sale — South Dakota
Detailed answer This article explains, in plain language, how to check whether a personal representative (executor) under South Dakota law correctly calculated your percentage share from the sale of a sibling’s house. It assumes you have no prior legal knowledge. This is education only and not legal advice. 1. Identify whether the house was a […]
Read article →Selling a Deceased Parent’s House During Probate in South Dakota
Can You Sell a Deceased Parent’s House During Probate in South Dakota If a Mortgage Remains? This FAQ-style article explains how South Dakota probate law affects selling real estate encumbered by a mortgage, who can act, and the practical steps you’ll likely face. This is general information only and is not legal advice. Short Answer […]
Read article →South Dakota: Do You Have to Publish a 3‑Month Notice to Creditors Before Selling a Deceased Parent’s House?
Short answer No — not always. Whether you must publish a 3‑month notice to creditors before you can sell your mother’s house in South Dakota depends on (1) whether you are using the formal probate process or a small‑estate summary procedure, (2) whether the house is real property subject to special rules, and (3) whether […]
Read article →Proving a Decedent’s Vehicle Value in South Dakota Probate
Detailed Answer When a person dies, the personal representative (executor or administrator) must identify estate property and report its value to the probate court. In South Dakota that value is normally the fair market value (FMV) of each vehicle on the date of death — the price a willing buyer and willing seller would agree […]
Read article →Proving the Value of a Deceased Parent’s Vehicle in South Dakota Probate
Detailed answer: How to prove the value of a decedent’s vehicle in South Dakota probate When a loved one dies, the estate’s personal property—including vehicles—usually must be identified and valued for the probate process. Under South Dakota law, the usual rule is that estate assets are valued as of the decedent’s date of death and […]
Read article →South Dakota: How to Get Appointed as a Limited Personal Representative in a Small Estate to Run a Creditor Notice and Sell Real Property
FAQ: Getting Appointed as a Limited Personal Representative in South Dakota Small Estate Proceedings Short answer: To act as a limited personal representative in a South Dakota small estate so you can publish a notice to creditors and sell real property, you must confirm the estate qualifies for simplified handling, file the correct pleadings with […]
Read article →Filing a Partition Action to Force Sale of a Deceased Parent’s House in South Dakota
Fast FAQ: Bringing a Partition Action to Sell Real Property After an Owner’s Death (South Dakota) Short answer: If you (or someone representing the estate) own or claim an ownership interest in real property formerly owned by your late father and a co‑owner(s) will not agree to a sale or division, you can ask a […]
Read article →How to Prove a Zero Balance and Close a Spouse's Estate in South Dakota
Detailed Answer This article explains, in plain language, the typical steps to prove a zero balance and formally close a spouse's probate estate in South Dakota. If your spouse’s estate has no assets (or assets have been collected and all known debts have been paid), you still usually must tell the court the estate is […]
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