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What are the steps for contesting a will in South Dakota?


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10/19/2011
Zimmer, Duncan & Cole
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Contesting a will is a complicated process in South Dakota, especially since nobody wants to appear selfish, greedy, or unappreciative in front of their loved ones. However, it is important for you to contest a will if it appears that the distribution of the estate was not reflective of the testator's intent and was not in the estate's best interest.

The steps for Sioux Falls will contests include:

  1. Standing: Determine whether or not you have a right to contest the will. Only a person with an interest in the estate, such as a beneficiary or a potential beneficiary, may contest a will.
  2. Determine a legal basis: A will cannot be contested solely because you feel cheated or snubbed by the distribution of the estate. There must be a legal reason to contest a will. A South Dakota will can be contested based on undue influence, if the testator was of unsound mind, or if fraud or lies were involved in executing the will. A will may also be contested on the basis that it was not properly drawn, signed, or witnessed according to the laws in South Dakota.
  3. Legal assistance: You will need to hire a Sioux Falls will contest attorney to contest a will in South Dakota. A lawyer will know how to navigate the complex legalities, such as appearing in court to present your case, organizing and presenting evidence, and questioning witnesses.  

Contesting a South Dakota will is a difficult and lengthy process. If you believe a will does not reflect the testator's intent and that the distribution was not in the best interest of the estate, contact a Sioux Falls will contest lawyer. Call the attorneys at Zimmer, Duncan & Cole. With offices in Sioux Falls and Parker, we represent clients throughout South Dakota. Contact our office toll free at (888) 733-2992, or complete the contact form on this page to speak with an experienced South Dakota will contest attorney. You also can order a copy of our book, A Step-by-Step Guide to Will Contest Cases-What You Should Know Before You Meet with a Lawyer.



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