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South Dakota Probate Questions & Answers
1 Answer | Asked in Probate for South Dakota on
Q: Are there separate probates for dual citizens?

My father was born in Norway. He later moved to the South Dakota and acquired dual citizenship. He died in South Dakota in 2012. His probate has been finalized since then. Not sure how or if that correlates with Norway? We have a mess to deal with as he still has we found out he still has real... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 11, 2019

A probate needs to be opened in every jurisdiction in which the decedent owned property. The jurisdiction where the decedent lived just before he passed away is the main probate and the others are called ancillary probate. That is one reason why trust based estate planning is superior to Will based... Read more »

1 Answer | Asked in Probate for South Dakota on
Q: My fiance father died without a will a spouse we can't contact and a pending lawsuit

He is his only surviving son and has been cooperating with the attorneys whom contacted him about the lawsuit and has done everything the attorneys has asked him to do the lawyers need medical records what can my husband do to get control of his father's estate we live in new Mexico

Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2019

Hire a probate attorney where his father lived.

1 Answer | Asked in Probate for South Dakota on
Q: Dan has 28yr old son with diff person other than w/ his spouse Jan with their 2 minor children. No will. Who inherits?

Dan has a business. Does the 28 year have any right to it?

Kenneth V Zichi
Kenneth V Zichi answered on Aug 1, 2017

All of the above potentially. It depends on how much value there is in Probate and who else might be owed money.

The laws of intestacy in the state where "Dan" lived will govern, and most states provide spouse and minor children are first in line, but if there are LEGAL children who are...
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