Rosholt Wills & Probate Lawyer, South Dakota


Includes: Estate Administration, Living Wills, Wills

Daniel Leslie Jongeling

General Practice
Status:  Inactive           Licensed:  41 Years

Gregory James Garvey

General Practice
Status:  Suspended           Licensed:  25 Years

Brenda J. Bellonger

General Practice
Status:  In Good Standing           Licensed:  44 Years

Brenda J. Bellonger

General Practice
Status:  In Good Standing           Licensed:  44 Years

Erin C. Cameron

Accident & Injury, Divorce & Family Law, Estate, Real Estate
Status:  In Good Standing           

Kay Nikolas

General Practice
Status:  Suspended           Licensed:  46 Years

Thomas S. Mortland

Insurance, Commercial Bankruptcy, Litigation
Status:  In Good Standing           

Kerry M. Cameron

General Practice
Status:  In Good Standing           

Shannon M. George-Larson

General Practice
Status:  In Good Standing           

David A. Geyer

General Practice
Status:  In Good Standing           

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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 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

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.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

FAMILY POT TRUST

See pot trust.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

ABSTRACT OF TRUST

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)
A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of trust.'

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

TITLE COMPANY

A company that issues title insurance.

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

TESTAMENTARY TRUST

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

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. ...