Challenging a Suspicious or Forged Will in South Dakota: Steps, Evidence, and What to Expect
Detailed Answer Short overview: If you believe a will is forged, act quickly. In South Dakota the probate court controls whether a will can be admitted and whether the estate’s property can be distributed. You can ask the probate court to refuse admission of the document, to set aside an already-admitted will, or to open […]
Read article →How to Submit an Original Will to a South Dakota Probate Court When You Live Out of State
How to submit an original will to a South Dakota probate court when you live out of state This FAQ explains the practical steps, legal considerations, and contacts you’ll need to submit an original will to a South Dakota probate court when you live in another state. This is educational information, not legal advice. Short […]
Read article →How to Confirm an Original Will in South Dakota
Steps to Verify an Original Will under South Dakota Law This FAQ-style guide explains how to determine whether a document you received is the original last will and testament or only a copy, and what to do next under South Dakota law. Detailed answer — how to confirm an original will Under South Dakota law, […]
Read article →Lost or Damaged Will in the Mail — South Dakota Probate FAQ
What to do if an original will is lost or damaged in the mail before filing in South Dakota Disclaimer: This is educational information, not legal advice. Consult a licensed South Dakota probate attorney about your specific situation. Detailed Answer — How South Dakota courts handle a lost or damaged original will If the original […]
Read article →Recovering Surplus Funds After a Tax Sale in South Dakota
Who can claim surplus proceeds after a South Dakota tax sale? If a county sells real property at a tax sale and the sale price exceeds the delinquent taxes, penalties, interest, and sale costs, the extra money (the "surplus" or "overage") does not automatically belong to the purchaser. Former owners, mortgagees, judgment lienholders, and other […]
Read article →South Dakota — Financial Power of Attorney: What Powers Can an Agent Have?
Disclaimer This article is for general informational purposes only and is not legal advice. It explains common features of financial powers of attorney under South Dakota law so you can make informed decisions about finding and talking with an attorney. Detailed Answer A financial power of attorney (POA) is a written document in which one […]
Read article →Securing Wrongful Death Settlement Proceeds in South Dakota: Using the Court Clerk to Protect Funds
How to Protect Wrongful Death Settlement Money by Using the Court Clerk in South Dakota This FAQ-style guide explains practical steps someone can take, under South Dakota law and court practice, to have wrongful death settlement proceeds secured through the court clerk or placed under court supervision. It uses plain language and hypothetical examples so […]
Read article →Right of Survivorship and Surplus Funds After Foreclosure — South Dakota
Understanding Survivorship Claims to Surplus Funds After a Foreclosure in South Dakota Detailed Answer Short answer: Maybe — but only if you can prove that a valid survivorship interest existed and that it applied at the time the foreclosure sale or distribution occurred. The right of survivorship created by a deed can affect who owns […]
Read article →Can Trust or Escrow Funds Be Released Before a Deed Is Recorded in South Dakota?
Short answer Most of the time, escrowed or trust funds should not be released until the transaction conditions in the escrow agreement have been satisfied. Whether the deed must be recorded before funds are released depends on the escrow instructions, the type of deed delivery and acceptance, title review or title insurance requirements, and South […]
Read article →Do I Need to Attend a Minor Settlement Hearing in South Dakota?
Detailed Answer This explains how South Dakota courts typically handle settlement approval when the claim involves a minor, what the hearing will cover, who usually must attend, and how funds are protected after approval. This is general information only and not legal advice. Why courts often approve settlements for minors When someone under 18 receives […]
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