Get Answers to Your Highest Priority South Dakota Legal Questions
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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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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What does South Dakota law require for a valid contract?
In South Dakota, the essential requirements for a valid contract are:
(1) Parties capable of contracting;
(2) Their consent;
(3) A lawful object; and
(4) Sufficient cause or consideration.
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In South Dakota, who can make a valid contract?
Under South Dakota law, any person is capable of making a valid contract except minors, persons of unsound mind, and persons deprived of civil rights.
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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.