Alexandria Wills & Probate Lawyer, South Dakota


Includes: Estate Administration, Living Wills, Wills

Douglas N. Papendick

Criminal, Estate Planning, Personal Injury, Family Law
Status:  In Good Standing           

Douglas R. Bleeker

Real Estate, Trusts, Bankruptcy, Personal Injury, Medical Malpractice
Status:  In Good Standing           

Don E. Petersen

Business & Trade, Estate Planning, Corporate, Real Estate Other
Status:  In Good Standing           

E. Steeves Smith

Personal Injury, Estate Planning, Family Law
Status:  In Good Standing           
Speak with Lawyer.com

Carl J. Koch

Real Estate, Personal Injury, Trusts, Wills & Probate
Status:  In Good Standing           

Free Help: Use This Form or Call 800-620-0900

Member Representative

Call me for fastest results!
800-620-0900

Free Help: Use This Form or Call 800-620-0900

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.


Free Help: Use This Form or Call 800-943-8690

Member Representative

Call me for fastest results!
800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

TIPS

Easily find Alexandria Wills & Probate Lawyers and Alexandria Wills & Probate Law Firms. For more attorneys, search all Estate areas including Estate Planning, Trusts and Power of Attorney attorneys.

LEGAL TERMS

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

MARITAL LIFE ESTATE TRUST

See AB trust.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)
A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

SAMPLE LEGAL CASES

IN THE MATTER OF GEIER

... Darlene petitioned for formal probate of Minnie's estate. ... [¶10.] This Court has not addressed the issue of what constitutes a final order in a probate proceeding since South Dakota adopted the Uniform Probate Code (UPC). [1] 1994 SD Sess. Laws ch. 232. ...

Muhlbauer v. Estate of Olson

... Wayne Olson was appointed personal representative of Glenn's estate (Estate). In the will, Glenn specifically devised his real estate to James Olson and six other nieces and nephews. The Estate was informally probated in accordance with the Uniform Probate Code. ...

FITZMAURICE STATE VETERANS HOME v. Hammer

... In contrast, Personal Representative argues that the use of the word "estate" in the statutes refers only to property that is subject to probate. ... To support its position, the Home contends that the definition of "estate" incorporates more than the property subject to probate. ...