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In South Dakota, when a person dies without leaving a will, the surviving spouse is entitled to receive the entire intestate estate unless the decedent was survived by descendants of a prior marriage or other relationship, in which event, the spouse receives $100,000.00 plus half of the remaining estate, plus certain
You can, however, draft your own will as well, but you need to make sure that it complies with all the relevant formalities to be accepted as a valid will.
Heres an example: I give to my son, Alan John Smith, one-third of my estate. If Alan John Smith does not survive me, this inheritance should be distributed to Alan John Smiths descendants, per stirpes.
The maker of the will (called the testator) be at least eighteen (18) years old and of sound mind. The will must be written. (An oral will may be considered legal only in certain unusual circumstances.) The will must be witnessed strictly in accordance with the law.
Do I Need a Lawyer to Make a Will in South Dakota? No. You can make your own will in South Dakota, using Nolos Quicken WillMaker. However, you may want to consult a lawyer in some situations.
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This may include real property, personal property, stocks, bondsanything that you own that is in your name will be controlled by that will, absent other estate planning that youve done. A last will and testamentcommonly shortened to just willis a legal document that expresses your last wishes.
Here are some items that you should never put in your Will: Business interests. Personal wishes and desires. Coverage for a beneficiary with special needs.
Cash is considered part of your taxable estate and will be subject to federal and, if applicable, state inheritance taxes and probate. Some bank accounts have a transfer on death (TOD) designation, which allows you to name a beneficiary and avoid probate.
South Dakota recognizes holographic (handwritten) wills so long as the material portions of the document and signature are in the testators handwriting. A South Dakota will may be changed at any time by codicil, which must be executed in the same way as a will.
A pour over will functions after an individual has already created a trust and funded the trustmeaning, they have placed certain assets in the trust to be given to beneficiaries after their death in order to avoid the probate court process.

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