How to Regain Control of a Deceased Parent’s Bank and Credit Card Accounts in South Dakota
Overview If someone else is using your deceased parent’s bank or credit card accounts, you can take legal and practical steps to stop the misuse and regain control. This article explains how the probate system in South Dakota typically handles account control, what immediate actions to take, and when to consider filing paperwork or contacting […]
Read article →Unauthorized Charges to a Parent's Estate — South Dakota FAQ
Dealing with Unauthorized Charges to a Parent's Estate During Probate This FAQ explains how unauthorized charges made against a deceased parent's assets are handled during the probate process in South Dakota. It uses common hypothetical facts to illustrate the steps the probate court and the personal representative (executor/administrator) typically take. This is educational information only […]
Read article →South Dakota: Securing and Inventoring a House Before Appointment as Administrator
How to Secure and Inventory a Home before Probate Appointment in South Dakota This FAQ-style guide explains practical steps you can take to protect a decedent’s home and belongings in South Dakota while you seek appointment as the personal representative (administrator) of the estate. This is educational only and not legal advice. Disclaimer: I am […]
Read article →South Dakota: What Happens After the 90-Day Waiting Period for an Unclaimed Property Claim
What happens after the 90-day waiting period for an unclaimed property claim in South Dakota? Short answer: After the 90-day notice/waiting period, unclaimed property that a holder has reported and could not return to its owner is typically turned over to the State of South Dakota (the State Treasurer’s custody). The property remains claimable by […]
Read article →South Dakota: How to Get Appointed Administrator for an Intestate Estate
Step-by-step FAQ: Appointing an Administrator for an Intestate Estate in South Dakota Quick overview: When someone dies without a valid will in South Dakota, the probate court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute property under state intestacy rules. This FAQ-style guide explains who may serve, how […]
Read article →Order of Succession Among Children for Intestate Estates in South Dakota
Detailed Answer When a person dies without a valid will in South Dakota, the state's intestate succession rules determine who inherits. The basic rule for children is simple: the estate passes to the decedent's descendants — first to surviving children and, if a child has died before the decedent, to that child's descendants by right […]
Read article →How to Get Court Approval to Sell a House and Pay Off the Mortgage in South Dakota
Disclaimer: This article is for general information only and is not legal advice. Laws change and each situation is unique. Consult a licensed South Dakota attorney for advice tailored to your circumstances. Detailed Answer — Court authorization to sell real property and pay the mortgage (South Dakota) If real property is owned by an estate, […]
Read article →How to Open an Estate Bank Account in South Dakota Using the Estate EIN
Detailed Answer When someone dies, their money and property that remain in their name must be transferred and managed through the estate. Banks generally will not allow continuing use of the decedent’s personal accounts. To collect, protect, and distribute estate funds, you usually open an estate bank account using an Employer Identification Number (EIN) issued […]
Read article →South Dakota: What Happens If a Creditor Files a Claim After the 90‑Day Notice Period?
Detailed Answer — How late creditor claims are treated under South Dakota law When someone dies and their estate goes through probate, the personal representative (executor or administrator) must notify creditors so they can present claims for money the decedent owed. In South Dakota, that notice process creates a firm time window for creditors to […]
Read article →Claiming Your Share of a Mother's Intestate Estate in South Dakota
Claiming Your Share of a Parent’s Intestate Estate in South Dakota Scope: This article explains how someone can claim a share of a mother’s estate under South Dakota law when the mother died without a will (intestate). It outlines the legal framework, the practical steps to take, a short hypothetical example, and useful tips to […]
Read article →