How can I probate a will that was not witnessed or notarized in South Dakota?
Disclaimer: This article provides general information about South Dakota probate law. It is not legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer In South Dakota, a will must satisfy formal requirements under SDCL 29A-2-501. The statute requires: A written document; The testator’s (decedent’s) signature; Signatures of two attesting witnesses […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in SD
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under South Dakota law, probate begins when someone files the decedent’s original will and a petition with the county court. SDCL 29A-3-301 requires any person in possession of the will to deposit it in the decedent’s county court within […]
Read article →What types of evidence will strengthen my diminished value claim in South Dakota?
Detailed Answer In South Dakota, a diminished value claim asks your insurer to pay the difference between your vehicle’s fair market value before an accident and its value after repairs. Although no specific diminished value statute exists, insurers must follow general unfair claim practices under SDCL 58-11-18 and settlement rules under ARSD 20:06:04. Strong evidence […]
Read article →How can beneficiaries challenge a trustee who misuses trust funds in South Dakota?
Disclaimer: This article provides general information and is not legal advice. Detailed Answer Under South Dakota law, trustees owe beneficiaries strict fiduciary duties of loyalty, prudence, and impartiality. If a trustee misuses trust funds, beneficiaries can ask a court to intervene. The South Dakota Uniform Trust Code (SDCL Chapter 55A) outlines several remedies. Request a […]
Read article →How can I obtain proof of lost wages when my former employer will not provide payroll records? (SD)
Detailed Answer In South Dakota, employers must maintain payroll and wage records for each employee under SDCL § 60-12-5. If your former employer refuses to provide your payroll records, you can still gather proof of lost wages through alternative methods and legal channels. 1. Review Available Personal Records Start by collecting any personal documents that […]
Read article →How to address discrepancies in employer d/b/a versus legal name when filing a lost wage claim in South Dakota
Detailed Answer When filing a lost wage claim in South Dakota, you must list the employer’s exact legal name as registered with the Secretary of State. Filing under a “doing business as” (d/b/a) name alone can lead to service issues, delays, or dismissal of your claim. Here are key steps: 1. Identify the Employer’s Legal […]
Read article →How Can Original Wills and Codicils Be Located and Verified Before Opening Probate in SD?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. Detailed Answer Locating and verifying original wills and codicils ensures a smooth probate process in South Dakota. Follow these steps: 1. Search Physical and Digital Records Begin by reviewing the decedent’s […]
Read article →What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in South Dakota?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in South Dakota for guidance specific to your situation. Detailed Answer Under South Dakota law, when a foreclosure sale yields surplus funds after satisfying all liens, costs, and expenses, eligible parties may petition the circuit court to […]
Read article →Do I Get Any Ownership Interest in Real Property by Paying the Mortgage in South Dakota?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Under South Dakota law, simply making mortgage payments on real property does not automatically grant you an ownership interest in that property. Legal title to real estate passes only by […]
Read article →What options exist for establishing authority over an elderly heir’s personal and financial decisions in South Dakota?
Disclaimer This article provides general information only and does not constitute legal advice. Always consult a qualified South Dakota attorney for guidance on your specific situation. Detailed Answer When an elderly heir can no longer manage personal or financial affairs, South Dakota law offers two primary options: a power of attorney and guardianship. 1. Power […]
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