South Dakota — What to Do If a Proposed Administrator Withholds Estate Asset Information
What to Do When a Proposed Administrator Withholds Estate Documents and Asset Information Quick answer: As a beneficiary or interested person in a South Dakota probate, you have the right to request and receive basic estate information (inventory and accountings). If a proposed or appointed personal representative refuses to provide documents, you can demand the […]
Read article →South Dakota: Consequences When a Will Lacks Proper Signature or Witnesses
Detailed Answer When a deceased person's written testament does not meet South Dakota's formal signing and witnessing requirements, the probate court may refuse to admit that document as the decedent's valid will. In practical terms, that means the document will not control how the estate is distributed, and the estate will likely be administered under […]
Read article →How to Challenge a Sibling’s Application for Letters of Administration in South Dakota
How to contest a proposed personal representative in South Dakota probate Short answer: If your sibling has filed for letters of administration (appointment as personal representative) in South Dakota and you want to stop or challenge that appointment, you must act in the probate court where the estate was opened. That usually means filing a […]
Read article →How to Compel a Spouse to Sell a House and Distribute Proceeds Under South Dakota Law
How a Personal Representative Can Seek Court Approval to Sell a Decedent's House in South Dakota This FAQ-style guide explains, in plain language, how a will that directs the sale of a house is enforced in South Dakota and what to do if a surviving spouse will not cooperate. This is educational information only and […]
Read article →South Dakota: Recovering a Cash Bequest When an Executor Won’t Cooperate
Detailed Answer If you are a beneficiary who is owed a cash bequest from a sibling’s estate in South Dakota and the executor (personal representative) refuses to cooperate, you have clear legal options under South Dakota probate law. Below is a practical, step-by-step roadmap that explains what to do, what paperwork to gather, and what […]
Read article →How to File a Notice to Creditors in South Dakota
Filing a Notice to Creditors in South Dakota: Detailed Guide for Personal Representatives Short, practical guidance for personal representatives handling notices to creditors under South Dakota probate law. Detailed Answer A Notice to Creditors is a formal step in the probate process that tells a decedent’s creditors how and when to present claims against the […]
Read article →South Dakota — Becoming Executor When the Named Executor Refuses
Can I be appointed the personal representative if my sibling — the named executor — refuses to serve? FAQ: What to do when the person named in a will declines the executor role. Detailed answer — how appointment works in South Dakota If your parent left a will that names your sibling as the executor […]
Read article →South Dakota: Why an Inherited House May Not Be a Probate Asset and How to Handle Mortgage Payments
How property can pass outside probate and what to do about mortgage payments in South Dakota Detailed Answer Short answer: your inherited house may not be a probate asset because title already transferred outside probate (for example, by joint tenancy, a trust, or a beneficiary/transfer-on-death deed). Whether you can make mortgage payments to stop foreclosure […]
Read article →South Dakota: Challenging a Sibling’s Use of a Deceased Parent’s Bank Account Before Administrator Appointment
Short answer Yes — under South Dakota law you can challenge a sibling’s use of a deceased parent’s bank account before anyone is officially appointed personal representative, but your options depend on how the account is titled, whether there are survivorship or beneficiary designations, and whether the sibling had actual authority. You can contact the […]
Read article →South Dakota: Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds
Detailed Answer Short overview: When a wrongful death recovery (a claim for the decedent's death) is paid to an estate, people sometimes reach oral agreements about how to divide the money among heirs, survivors, or others who claim an interest. Enforcing or disputing such an oral agreement in South Dakota requires understanding who has legal […]
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