Legal Question in Wills and Trusts in South Dakota

land from another state

father-in-law passed away in michigan where land is. husband passed away 1 year later in south dakota. michigan law firm said that land belongs to me. property is being sold, i was told that south dakota has a law saying that this money, when it enters this state will be devided between my kids and myself?

Asked on 1/30/09, 10:20 am

1 Answer from Attorneys

Monte Schatz Attorney at law

Re: land from another state

Need to provide one more pieces of information. Did your husband pass away with a will or did he pass away intestate (without a will)? Also, when your husband inherited the land form his father, how did your husband retitle the ground into something other than his own name?

It appears you are alluding to the augmented estate which essentially assures that a deceased spouse cannot disinherit his surviving spouse. Those provisions under South Dakota law usually provide that the estate be distributed in proportions as outlined in statute in set percentages to the spouse and to her surviving children.

Hope this helps. You need to see an attorney on this if you have any questions. You should know your rights.

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Answered on 1/30/09, 11:42 am

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