The Swier Law Firm Estate Planning and Probate Law FAQs
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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I currently serve as Personal Representative for my mother's estate in Sioux Falls. A claim has recently been made against my mother's estate. In South Dakota, what can I do as Personal Representative?
Under South Dakota law, when a claim is made against an estate, the Personal Representative may (if it appears for the best interest of the estate) compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
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Can the South Dakota Department of Social Services make a claim against my father's estate?
Maybe. Under South Dakota law, the Department of Social Services is able to receive personal property of a decedent by presenting evidence that the department has incurred a debt by paying for the medical assistance for nursing home or other medical institutional care on behalf of the decedent.
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What is a "conservator" under South Dakota law?
In South Dakota, a "conservator" is a person appointed by a court to manage the estate of a minor or protected person.
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In South Dakota, who is considered to be a "minor"?
Under South Dakota law, a "minor" is a person who is under eighteen years of age.
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In South Dakota, what is a "successor personal representative"?
Under South Dakota law, a "successor personal representative" is a personal representative who is appointed to succeed a previously appointed personal representative.
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In South Dakota, what is a "guardian"?
Under South Dakota law, a "guardian" is a person appointed to be responsible for the personal affairs of a minor or protected person.
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My father recently passed away in Sioux Falls and I've been told that he died "intestate." What does "intestate" mean?
In South Dakota, a person who dies without a will is said to have died "intestate."
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Who can make a valid Last Will & Testament in South Dakota?
In South Dakota, any person over the age of eighteen (18) years old and who is of sound mind, may execute a will. The will should be in writing and signed by the maker in the presence of two (2) witnesses. The two (2) witnesses must write their names on the will.
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Has South Dakota adopted the Uniform Probate Code?
Yes. Beginning on July 1, 1995, South Dakota adopted Articles I, II, III, IV and VIII of the Uniform Probate Code.
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What are the 4 purposes of South Dakota's Uniform Probate Code?
The 4 purposes of South Dakota's Uniform Probate Code are to:
- Simplify and clarify the law concerning the affairs of decedent;
- Discover and make effective the intent of a decedent as to distribution of his property;
- Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to the heirs; and
- Make uniform the law among various jurisdictions.