South Dakota: Who Pays the Mortgage and Utilities While an Estate Is in Probate?
Detailed Answer This article explains, under South Dakota law, who is responsible for mortgage payments and utility bills while a decedent's estate is in probate, what can happen if payments stop, and practical steps to protect the property. This is a general explanation to help you decide whether to consult a lawyer. Who controls payments […]
Read article →Which Assets to List on a Small Estate Affidavit — South Dakota
FAQ — How to decide which assets to list on a South Dakota small estate affidavit Disclaimer: I am not a lawyer. This article only provides general information and educational guidance about South Dakota probate practice. It is not legal advice. For help with a specific estate, contact a licensed South Dakota attorney or the […]
Read article →South Dakota — How to Locate a Missing Parent When You Are a Potential Heir
Locating a Missing Parent When You May Be an Heir: A South Dakota Guide Disclaimer: This is general information, not legal advice. For case-specific guidance, speak with a licensed South Dakota probate attorney. Overview — what the court expects If someone who may be an heir or next-of-kin cannot be located, South Dakota probate courts […]
Read article →South Dakota: Including Right-of-Survivorship Assets on a Probate Inventory
Do Right-of-Survivorship Assets Belong on a Probate Inventory? Short answer: Generally no — assets that pass automatically to a surviving owner by right of survivorship usually pass outside probate and are not part of the estate inventory required for probate administration in South Dakota. However, there are important exceptions and practical steps the personal representative […]
Read article →South Dakota: How to Tell If a Bank Account Falls Under the $20,000 Small Estate Limit
How to determine whether a bank account counts toward South Dakota's $20,000 small estate limit Disclaimer: This is informational only and not legal advice. For help applying the law to your situation, consult a licensed South Dakota attorney. Detailed answer — what the $20,000 small estate rule means and how to verify account value South […]
Read article →Using a Small Estate Affidavit in South Dakota to Claim a Deceased Parent's Bank Account
How to use a South Dakota small estate affidavit to claim a deceased parent's bank account Short answer: If your father died and his bank account did not automatically pass to a surviving joint owner or a named beneficiary, you may be able to collect the money with a small estate affidavit under South Dakota […]
Read article →South Dakota: Does a Guardianship of the Person Include Control of the Estate?
Understanding the Difference Between Personal Guardianship and Control of an Incapacitated Person’s Property Disclaimer: This is general information, not legal advice. Consult a licensed South Dakota attorney about your specific situation before taking action. Detailed Answer Under South Dakota law, authority over an individual’s personal care (a guardian of the person) is distinct from authority […]
Read article →Federal Estate Income Filing: South Dakota Guide
Detailed Answer Short answer: in most cases, no federal fiduciary income tax return (Form 1041) is required for an estate that produced no gross income and made no distributions. However, several important exceptions and separate filing obligations may still apply. When Form 1041 is required The IRS requires an estate to file Form 1041 (U.S. […]
Read article →How to Transfer Brokerage Account Assets into an Estate Checking Account — South Dakota
FAQ: Transferring Brokerage Account Assets into an Estate Checking Account in South Dakota This article explains, in plain language, how a personal representative (executor or administrator) collects brokerage assets and deposits proceeds into an estate checking account under South Dakota law. This is educational only and not legal advice. Detailed Answer — How the transfer […]
Read article →Selling a Co-Owned Property in South Dakota to Cover Funeral and Property Taxes — FAQ
How to sell a co-owned property in South Dakota to pay funeral and property taxes — FAQ Short answer: First identify how the property is owned (joint tenancy with right of survivorship vs. tenancy in common), then explore voluntary sale, buyout, probate sale (if the decedent’s share is in the estate), or a court-ordered partition […]
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