How Can Service of Process Be Handled for Minors or Individuals Under Guardianship in South Dakota?
Detailed Answer In South Dakota, service of process must comply with the South Dakota Rules of Civil Procedure and the South Dakota Codified Laws. When you serve a lawsuit or other court papers on a minor or on an adult under guardianship, you must follow special rules designed to protect their rights. 1. General Personal […]
Read article →What Steps Are Needed to Include Real Property into the Estate Successfully in South Dakota?
Disclaimer: This article provides general information about South Dakota probate and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation. Detailed Answer Including real property in a South Dakota estate involves two main phases: probate administration and title transfer. South Dakota law ensures assets pass to heirs or beneficiaries […]
Read article →How Does One Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in SD?
Disclaimer: This article is for educational purposes and is not legal advice. Consult a qualified attorney before taking action. Detailed Answer Under South Dakota law, you may use a subpoena duces tecum to compel production of estate records in a probate case. The process follows the South Dakota Rules of Civil Procedure, Rule 45 (SDCL […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in South Dakota?
Detailed Answer When a South Dakota estate sells real property during probate, the personal representative needs clear authorization from heirs before distributing net sale proceeds. Heirs typically sign three primary documents to direct distribution: 1. Consent to Sale of Real Property Under SDCL §29A-3-602, the personal representative may sell estate property after obtaining either a […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How a Former Spouse or Survivor Can Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce in South Dakota 1. Detailed Answer When a property in South Dakota sells at a judicial or sheriff’s sale for more than the amount owed on a mortgage or lien, the excess—and any funds that remain after […]
Read article →How to Distinguish Estate Assets from Corporate Assets in South Dakota
How to Distinguish Assets of a Deceased Person’s Estate from Corporate Assets in South Dakota Detailed Answer Under South Dakota law, a deceased person’s probate estate includes all property that the decedent owned in their individual name at death. SDCL 29A-3-101 defines the “probate estate” as all property interests subject to administration. You identify estate […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer Under South Dakota law, a personal representative (executor or administrator) holds broad authority to convert estate assets into cash, pay debts and expenses, and distribute the remainder to beneficiaries. When personal property (furniture, collectibles, vehicles, […]
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