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.
- Page 71
-
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.
-
What are the rights of creditors in a South Dakota probate proceeding?
In South Dakota, a creditor of the decedent must be paid from the assets of the estate before there is any distribution of the estate property to the heirs and beneficiaries. Determining the validity of debts and payment of those debts is usually done during the probate proceedings. If there is money owed to the estate, these funds are usually collected during the probate proceedings.
-
What are typical "estate expenses" in South Dakota?
In South Dakota, the administration of an estate typically involves these four types of expenses:
- Bond Premiums.
- Published Notices. Notices may be published during the administration of an estate. These notices are for the protection of those interested in the estate and vary in cost.
- Court costs. Court costs paid to the Clerk are in an amount set by law.
- Personal Representative and Attorney Fees. The fee received by the personal representative is set by law. The attorney who assists in the administration of an estate is hired by the personal representative of the estate and those fees are a matter of contract. The personal representative is entitled to reimbursement from the estate for payment of attorney fees in handling the estate. If the personal representative is an attorney, he will receive only one fee
-
I live in Sioux Falls and would like to disinherit my spouse. Can I do this in South Dakota?
No. Under South Dakota's Uniform Probate Code, it is no longer possible to disinherit a spouse, unless the spouse agrees.
-
What is the purpose of South Dakota's probate laws?
South Dakota's probate laws are designed to protect the rights of heirs and creditors and to assure the orderly collection, preservation, and transfer of property. The probate court also provides for the collection of appropriate state estate, federal estate, income, real property, sales and use taxes before the estate may be closed
-
My father recently passed away in Sioux Falls and I've been appointed Personal Representative of his estate. What is a "fiduciary duty" in South Dakota?
In South Dakota, a Personal Representative is a "fiduciary" who (except as otherwise provided in the will) must observe the standards of care in dealing with the estate's assets that would be observed by a prudent person dealing with the property of another.
A "fiduciary duty" exists when an individual places the utmost trust and confidence in another person to manage and protect property or money. In other words, the "fiduciary" has an obligation to act for another's benefit.
-
How long does it take to finalize a divorce in South Dakota?
In South Dakota, there is a mandatory 60-day waiting period from the time the divorce is started until the court has jurisdiction to grant a divorce.
-
How long does it usually take to finalize a divorce in South Dakota?
In South Dakota, there is a mandatory 60-day waiting period from the time the divorce is started until the court has jurisdiction to grant a divorce. However, most divorces are not completed in the 60-day time period. The more complex the case, the longer it usually takes to complete the divorce.
-
I live in Sioux Falls and my spouse and I are getting a divorce. Will my spouse be responsible for my attorney's fees?
Under South Dakota law, an award of attorney fees is left to discretion of the court based on several factors.
-
What is a codicil?
A codicil is a legal document written by your estate planning attorney that changes specific provisions in your will but leaves all other provisions unchanged.