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South Dakota Estate Planning Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Estate Planning and Real Estate Law for South Dakota on
Q: Can a personal representative of an estate appear for the estate in a proceeding in Third Judicial coUrt in South Dakota

I am a personal representative for my father's estate. my city is suing my brother, the family business and my father's estate regarding a building we are in the process of demoing. Can I appear as the representative or do we need a lawyer to represent the estate?

James L. Arrasmith
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answered on Jan 10, 2024

In South Dakota, as in many states, a personal representative of an estate generally cannot represent the estate in legal proceedings unless they are a licensed attorney. This is because appearing in court and advocating on behalf of an estate is considered the practice of law, and non-attorneys... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for South Dakota on
Q: Do I need a lawyer to change the executor on my will?
John Michael Frick
John Michael Frick
answered on Apr 2, 2023

A will is a relatively simple legal instrument that a reasonably intelligent person ought to be able to prepare on their own without a problem.

Nevertheless, we frequently see situations where a reasonably intelligent person has botched one. I just handled a probate for a man who botched...
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Q: Hate is a big word of something that you would never think could really happen to someone because they have age. Pain, h
James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry, it seems like the message got cut off. Can you please provide more context or complete your message?

1 Answer | Asked in Estate Planning and Probate for South Dakota on
Q: What is the legal way to replace a trustee of an irrecoverable trust after the former trustee has passed
Nina Whitehurst
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answered on Feb 10, 2021

When an initial trustee passes, the successor trustee who is next in line automatically succeeds to the role. If there is no successor trustee, then look to see if the trust has a trust protector who can appoint someone to fill the role. Or sometimes the trust allows the income beneficiaries or... View More

1 Answer | Asked in Estate Planning for South Dakota on
Q: Can unadopted stepchildren be listed as beneficiaries in a will as "my children"?

I came to the marriage with 2 children. We had 2 more. My husband wants them to be equal beneficiaries, but the online will we used just says "References in the Will to my "children" shall refer to all children of mine whether born or adopted subsequent to the date of this will.... View More

Nina Whitehurst
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answered on Feb 24, 2020

Yes, this can be done. An estate planning attorney can help you do this correctly. Online forms are very limited in what they can accomplish.

1 Answer | Asked in Estate Planning for South Dakota on
Q: Man's net worth is 375,000 and he resides in SD. Dies, no will, left wife & 2 minor children& 25yr old child w/ diff mom
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 1, 2017

Still potentially too complex to state for sure. Does his net worth include assets in joint name or with beneficiaries, etc.

http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=29A-2

will answer your question, but you're going to have...
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