Estate Planning in South Dakota | SD Legal Resources | FastCounsel

South Dakota — Guardian ad Litem in Minor Injury Settlements: Role and Whether You Can Serve

Understanding the Court’s Advocate for a Child in a Personal-Injury Case in South Dakota Short answer: When a minor is injured and a claim or settlement is at issue, the court may appoint a guardian ad litem (GAL) or otherwise require a court-approved representative to protect the child’s legal and financial interests. Whether you can […]

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Getting Court Approval for a Minor’s Personal Injury Settlement in South Dakota

Detailed Answer Short overview. When a minor (someone under 18) in South Dakota has a personal injury claim, most settlements require court approval before the funds are finally distributed. The court’s job is to protect the minor’s legal and financial interests—confirming the settlement is fair, that liens and bills are handled, and that the money […]

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When an Insurer Says the Offer Is Final — South Dakota: Next Steps and Options

Next steps after an insurer says their offer is final Detailed answer — what you can do under South Dakota law When an insurance company tells you its settlement offer is "final," that statement is a negotiation tactic — not necessarily the end of your options. Under South Dakota law you have procedural and practical […]

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How to Get a Diminished Value Quote in South Dakota

Understanding Diminished Value Quotes and How to Get One in South Dakota Quick definition: Diminished value is the loss in a vehicle’s market value after it has been damaged and repaired. Getting a reliable diminished value quote helps you decide whether to pursue a claim for that loss. Detailed answer — step-by-step process under South […]

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Filing a Will When a Relative Refuses to Produce It — South Dakota

Detailed Answer This explains how to proceed in South Dakota when the original will is in a family member’s possession but they refuse to turn it over. It covers what the probate court expects, your practical options, and steps to get the will filed so the decedent’s wishes can be honored. This is educational information […]

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South Dakota: What Happens If an Adjuster Offers a Full and Final Settlement and I Need More Treatment?

Understanding a "Full and Final" Settlement Offer When You Still Need Medical Treatment Short answer: In South Dakota, a “full and final” settlement typically means you give up the right to pursue additional compensation for the same injury. Do not sign a release or cash a settlement check until you understand what you are surrendering […]

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South Dakota: Evidence Needed to Prove Undue Influence or Lack of Capacity in a Will Contest

How courts evaluate a person’s capacity and claims of undue influence in South Dakota wills Short answer: To challenge a will in South Dakota on the grounds of lack of testamentary capacity or undue influence you will generally need contemporaneous medical and mental-health records, testimony from witnesses who saw the testator’s condition or the person’s […]

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South Dakota Insurance Claims: What Happens After You Submit a Claim

Step-by-step FAQ: What to expect after you submit an insurance claim This FAQ explains the common steps an insurer takes after you file a claim in South Dakota, the documents and communications you should expect, and practical next steps you can take to protect your rights. This is educational information only and not legal advice. […]

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How to File a Special Proceeding to Recover Foreclosure Surplus Funds in South Dakota

Detailed Answer: Recovering Foreclosure Surplus Funds in South Dakota Short answer: If a sheriff’s sale of foreclosed property produced money in excess of the amounts owed (a surplus), you must file a special proceeding in the appropriate South Dakota circuit court to request distribution of those funds. The process involves confirming the existence and amount […]

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Can a consent order be used to skip the court hearing and distribute the sale money by agreement? (SD)

Using a Consent Order to Avoid a Hearing and Distribute Sale Proceeds in South Dakota Short answer: In many civil cases in South Dakota, parties can present a consent order (a written agreement signed by all parties) to the court and ask the judge to enter it without a hearing. However, the judge has discretion […]

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