Letcher Wills & Probate Lawyer, South Dakota


Includes: Estate Administration, Living Wills, Wills

Chris A. Nipe

Estate, Divorce & Family Law
Status:  In Good Standing           

Don E. Petersen

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

Carl J. Koch

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

Susan N. Steele

Family Law, Estate Planning, Private Schools, Commercial Real Estate, Wills & Probate
Status:  In Good Standing           

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           

James D. Taylor

Commercial Real Estate, Estate, Business Organization
Status:  In Good Standing           

Jennifer L. Lowrie

General Practice
Status:  In Good Standing           

John R. Steele

Commercial Real Estate, Estate Planning, Private Schools, Business Organization, Divorce & Family Law
Status:  In Good Standing           

Justin L. Williams

General Practice
Status:  In Good Standing           

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

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800-943-8690

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

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LEGAL TERMS

ENDOWMENT INSURANCE

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death.... (more...)
Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death. If the policy-holder dies sooner, the beneficiary named in the policy receives the proceeds.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

NET ESTATE

The value of all property owned at death less liabilities or debts.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

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.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

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. ...