What is the difference between common and solemn form probate in South Dakota?
Detailed Answer In South Dakota, probate under the Uniform Probate Code (UPC) offers three primary pathways: informal probate, formal probate, and summary probate. These processes replace the traditional “common” and “solemn” form distinctions found in other states. Below is an overview of each method and how they differ. Informal Probate Authority: SDCL § 29A-3-101 (SDCL […]
Read article →Do I Have to List Personal Property Assets When Completing a Year's Allowance in an Estate? 6 SD
Disclaimer: This article provides general information only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney in South Dakota. Detailed Answer Under South Dakota’s Uniform Probate Code, a surviving spouse (and certain minor children) can claim a year’s allowance to support themselves from the estate of a deceased […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in SD
Detailed Answer Understanding the Engagement Scope An initial probate representation agreement is a contract between you and your attorney that defines which probate tasks the attorney will perform. Under South Dakota law, lawyers must communicate the scope of representation clearly. The South Dakota Rules of Professional Conduct require fee agreements to specify the services included […]
Read article →May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties in South Dakota?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified probate attorney in South Dakota. Detailed Answer Under South Dakota law, any interested person can petition the probate court to remove an estate administrator (also called a personal representative) who fails to […]
Read article →How to Request an Extension for Filing a Final Accounting in Probate in South Dakota
Disclaimer: This article is for general information only and does not constitute legal advice. Detailed Answer Under South Dakota law, a personal representative must file a verified final accounting to conclude estate administration. South Dakota Codified Laws §29A-3-719 prescribes the timeframe and allows the court to grant extensions on finding good cause. You can review […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Involving a Car Accident in South Dakota?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Under South Dakota law, only a decedent’s personal representative may file a wrongful death suit. See SDCL §21-5-1. If you want to pursue damages for the wrongful death of a […]
Read article →How do I apply for letters of administration and what AOC forms are required? (SD)
Disclaimer: This article is for informational purposes only and is not legal advice. Detailed Answer Under South Dakota law, letters of administration permit a personal representative to handle an intestate estate (one without a valid will). Follow these steps to apply: Identify the proper court: File in the circuit court of the decedent’s county of […]
Read article →How Do I Distribute Wrongful Death Proceeds to Rightful Heirs in South Dakota?
Detailed Answer In South Dakota, a wrongful death action recovers damages on behalf of the decedent’s survivors. After you secure a settlement or judgment, you must distribute net proceeds under South Dakota law. Follow these key steps: Secure Appointment of Personal Representative. File probate papers with the county court and obtain Letters Testamentary or Letters […]
Read article →How to obtain and review documentation of a Medicaid claim against an inherited estate in South Dakota
Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer 1. Understand Medicaid Estate Recovery Under federal law, Medicaid can seek reimbursement from a deceased recipient’s estate for long-term care costs paid by the program (42 U.S.C. § 1396p; 42 […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws for a Decedent’s Business Interest in South Dakota
Detailed Answer When a shareholder or member dies, you may need to locate an entity’s formation papers and governance rules to determine ownership rights and transfer procedures. In South Dakota, corporations hold articles of incorporation and bylaws, while limited liability companies maintain articles of organization and operating agreements. 1. Identify the Entity Type and Documents […]
Read article →