How to Contest an Oral Lease Made Prior to Death in South Dakota

Oral leases have existed in South Dakota for many years and in different forms, including oral farm lease agreements and oral leases between landlords and tenants. Oral leases are valid for only one year in South Dakota, but they are an effective means of transacting business when the parties know and trust one another. However, questions arise when a lessor (landlord) has an oral lease agreement in which land or property was leased cheaply to a family member or other interested party prior to the lessor passing away. This may result in beneficiaries of the lessor's/decedent's estate contesting the will based on this oral lease, as they may feel like they have been cheated for the lessee's personal financial gain.

 

In South Dakota, a will contest may arise based on undue influence if the decedent was of unsound mind or if a transaction was based on lies or fraud. Transactions made prior to the decedent's passing are questioned if the will does not appear to reflect the decedent's wishes or if a transaction unfairly benefits one party over another.

 

The following are reasons why an oral lease that is made prior to the decedent's passing is often the subject of a will contest:

 

·        There are no lease documents specifying definite terms.

·        The lessee may lie and change the terms of the oral lease once the decedent passes.

·        An oral lease made too cheaply, and thus not in the best interest of the estate, may not benefit all of the beneficiaries equally.

·        Beneficiaries under the estate may claim that an oral lease does not exist, since it was not in writing.

·        The oral lease was made under undue influence, and beneficiaries may try to prove that the elderly testator did not have the mental capacity to understand what he or she was agreeing to.

 

Contesting a will , or even an oral lease transaction made prior to the testator's death, can be a complex matter. If you believe that an oral lease transaction made prior to the death of the testator was not made in the best interest of the estate, we can help. Contact the experienced South Dakota will contest attorneys of Zimmer, Duncan & Cole toll free at (888) 733-2992, or complete the contact form on this page for a free consultation. Our will contest lawyers have been serving clients throughout South Dakota for several decades in complicated will probate matters, so we can assist you.