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South Dakota Estate Planning Questions & Answers
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
Nina Whitehurst 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... Read 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.... Read more »

Nina Whitehurst
Nina Whitehurst 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.

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