South Dakota Will Contests: Transactions in Best Interest of Estate?

Dealing with the death of a loved one is very difficult. At such a time, you would want to be thinking of the beloved family member and remembering all of the good times that you had together. When a family is still grieving, discussing the distribution of the decedent's will can be a very delicate matter. In South Dakota, situations often arise surrounding the distribution of the will in which family members become suspicious of one another regarding transactions that took place prior to the death of the loved one, including whether a transaction that was made benefitted one beneficiary disproportionately. This can break a family apart.



In South Dakota, a will can be contested if questions arise based on possible undue influence, if the decedent was of unsound mind, or if there were lies or fraud involved. Transactions made prior to the decedent's death often come into question if the will does not appear to reflect the decedent's wishes or if it appears that as a result of the transaction family members have been cheated for the personal financial gain of another. The elderly, thinking that they are acting in the best interests of their family members, are often subjected to fraud, scams, and financial manipulation before they die.



Certain transactions that take place prior to the death of the beloved family member are not in the best interest of the estate and, thereby, result in will contests. Possible examples include:

• The decedent leased his or her land too cheaply, including through an oral lease, or a family member or other interested party is renting the decedent's property at a low cost.
• A "loan" was made to one family member without the appropriate paperwork, such as the loan document. The beneficiary of the "loan" then alleges that the decedent forgave the loan prior to death.
• A life insurance policy benefits the investor and not the family. Sadly, uninformed decisions benefit the commercial investor who will be paid upon death.
• Bank account ownership changes from the deceased to another individual or family member, or another individual or family member's name is added to the bank account prior to death.
• The beneficiary is changed on retirement benefits or a life insurance policy.
• The house gets deeded to a family member for less than fair market value.

Oftentimes, these transactions will not become apparent until the will is reviewed by the family. It will be determined whether or not the transaction was made in the best interest of the family and whether or not the transaction was made to advance the best interest of the estate. This is generally difficult to prove, however, without the assistance of an experienced will contest attorney.



If you believe that transactions made prior to the death of a beloved family member were not made in the best interest of the estate, then the will may be contested. Contact Zimmer, Duncan & Cole toll free at (888) 733-2992, or complete the contact form on this page to speak with an experienced Sioux Falls will contest lawyer about your rights. You also can order a copy of our free book, A Step-by-Step Guide to Will Contests-What You Should Know Before You Meet with a Lawyer. We at the law firm of Zimmer, Duncan & Cole have been representing clients in will contests in South Dakota since 1948. If you believe that a transaction made prior to the decedent's death was not in the best interest of the estate, contact us today for immediate assistance.