How can I force my sibling to give me a copy of our parents' estate plan in SD (South Dakota)?
Can I force my sibling to give me a copy of our parents’ estate plan in South Dakota? Short answer: It depends on whether your parents are alive and whether the document is a will or a trust. If your parents are alive, you usually cannot force a sibling to hand over a private estate […]
Read article →How long does it usually take to get an out-of-state will approved in South Dakota (SD)?
Disclaimer: This is educational information, not legal advice. If you need help with a specific estate or will, consult a licensed South Dakota attorney or the probate court in the county where probate will be filed. Detailed answer — How long it usually takes to admit an out-of-state will in South Dakota probate Admitting an […]
Read article →What Happens if a Will Is Lost or Destroyed in South Dakota?
Answer: How South Dakota law treats a will that cannot be found Detailed Answer If the original will cannot be located after a person dies, South Dakota law treats the situation carefully to balance two goals: honoring the testator’s true intentions and preventing fraud. Under the state’s probate rules (found in South Dakota Codified Laws, […]
Read article →How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded? — SD
Detailed Answer As a personal representative (PR) in South Dakota, you must ensure the probate administration has officially closed and that any intended trust has been funded correctly before you consider your duties complete. Follow these steps to confirm both outcomes. This is general information, not legal advice. 1) Confirming the probate proceeding has concluded […]
Read article →Which financial powers can be granted through a power of attorney during incarceration? — SD
Answer — Financial powers you can grant by power of attorney while incarcerated (South Dakota) Short answer: If you are competent, you can use a properly drafted and executed power of attorney (POA) in South Dakota to give an agent wide authority over many financial matters while you are incarcerated. Typical powers include managing bank […]
Read article →What formal requirements ensure a power of attorney executed in prison is legally valid in SD?
How to make a legally valid power of attorney (POA) from prison in South Dakota Quick answer To make a power of attorney (POA) executed in a South Dakota correctional facility legally valid, the document must meet the same basic formal requirements that apply statewide: the principal must have legal capacity and intend the authority […]
Read article →Can I resume medical care after a gap in treatment and still seek compensation for my injuries? (SD)
FAQ: Resuming Medical Care After a Treatment Gap — Can I Still Seek Compensation in South Dakota? Detailed answer — what South Dakota law means for gaps in treatment Short answer: Yes. You can generally resume medical care after a gap in treatment and still pursue compensation for injuries caused by someone else — but […]
Read article →Can I become the personal representative of my sister's estate? (SD)
Detailed Answer Short answer: In South Dakota you can often be appointed the personal representative (also called an administrator or executor) of your sister’s estate, but whether you can serve depends on whether your sister left a valid will, whether someone else has priority, and whether you are eligible under South Dakota law. When your […]
Read article →Do wrongful death proceeds pass under the decedent's will in South Dakota (SD)?
Short answer No — in South Dakota, wrongful death proceeds generally do not pass under the decedent’s will. South Dakota separates a wrongful death claim (which compensates surviving family members for their loss) from a survival action (which belongs to the decedent’s estate). Wrongful death damages are distributed according to South Dakota wrongful-death law, not […]
Read article →How do I confirm if workers’ compensation payments were applied to my medical bills in South Dakota?
Confirming Application of Workers’ Compensation Payments to Your Medical Bills Disclaimer: This article is for informational purposes only and does not constitute legal advice. Understanding South Dakota’s Billing and Payment Rules Under South Dakota law, employers or their insurers must pay for all reasonable medical and related expenses arising from a compensable workplace injury. See […]
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