Get Answers to Your Highest Priority South Dakota Legal Questions

In South Dakota, there are two primary ways to update your Will:

(1) You can properly execute a new Will that revokes any prior Will, or

(2) You can properly execute a Codicil to the Will. (A Codicil is a separate document that adds to and/or replaces one or more provisions in an existing Will).
 

In South Dakota, the 14 main duties of a Personal Representative are:

(1) determine if there are any probate assets;

(2) find, gather, and inventory the deceased's assets;

(3) collect monies owed (including income, unpaid salary, and vacation pay);

(4) establish an estate checking account;

(5) determine who is going to receive what and how much under the Will;

(6) place a value on the estate's assets;

(7) publish legal notice to the estate's potential creditors;

(8) review the validity of all claims against the estate;

(9) pay funeral bills, debts, and valid claims;

(10) pay the estate's administrative expenses;

(11) complete paperwork, such as canceling utilities and charge cards;

(12) file and pay income and estate taxes;

(13) distribute the remaining property according to the instructions provided in the deceased's Will; and

(14) complete the probate.
 

In South Dakota, probate usually occurs in the county where the deceased resided at the time of his or her death.
 

In South Dakota, the main purpose of probate is to transfer the decedent's property to his heirs and beneficiaries. If there is no property to transfer, there is usually no need for probate.

Probate is also used to (1) collect taxes resulting from the deceased's death; (2) pay any outstanding debts; and (3) set a deadline for creditors to file claims.

In South Dakota, the Personal Representative (also known as the Executor) is the person named in a will who is "in charge" of the probate process.

In South Dakota, when a person dies, his Last Will & Testament goes through the probate process. Probate is simply the process by which a Last Willl & Testament is determined to be the person's final dispositive statement and confirms the appointment of the individual or institution that has been named to administer the estate.

The term probate is also used in the larger sense of probating an estate. Under this scenario, probate is the process in which assets are gathered, debts (including taxes and administrative expenses) are paid, and the remaining assets are distributed to the Will's designated beneficiaries.
 

The South Dakota Parenting Guidelines' "Preamble" states:

A powerful cause of stress, suffering, and maladjustment in children of

divorce or separation is not simply the divorce or separation itself, but rather the

continuing conflict between their parents before, during, and after the divorce and/or

separation. To minimize harm to their children, parents should agree on a

parenting arrangement that is most conducive to the children having frequent and

meaningful contact with both parents, with as little conflict as possible. When

parental maturity, personality, and communication skills are adequate, the ideal

arrangement is reasonable time with the noncustodial parent upon reasonable

notice, since that provides the greatest flexibility. The next best arrangement is a

detailed parenting agreement made by the parents to fit their particular needs and,

more importantly, the needs of their children. It is recommended that an annual

calendar be prepared so that the parents and the children are aware of the

parenting schedule. If the parents are unable to agree on their own Parenting Plan,

however, these Guidelines become mandatory and will be used as their Parenting

Plan. SDCL 25-4A-10, 25-4A-11. In the event a parent’s time with the children

becomes an issue in court, the judge will set whatever Parenting Plan best meets

the needs of the children.

The South Dakota Parenting Guidelines can be found on the Unified Judicial System's website.

No. In South Dakota, you must obtain a marriage license and enter into a legal marriage in order to be considered married.

Living together and taking the same name don't create a common-law marriage.

In South Dakota, a beneficiary-controlled trust can provide future beneficiaries with access to both their inheritance and protection from future creditors. A beneficiary-controlled trust can accomplish all of the following:

• Reduce or eliminate federal transfer taxes (gift tax, estate tax, generation skipping tax)
• Keep family assets in the family
• Protect assets from various creditors (lawsuits, tax liens, divorce, etc.)
• Permit retention of control over the management of assets
• Permit you to dictate the eventual beneficiaries of the assets
• Allow for the retention of flexibility if circumstances or goals change