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January 30, 2012
Probate
             
 
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Probate Law Terms and Definitions

 
 

Assets
All property owned by a person that can be used or made available to use in the payment of debts and heirs.

Living Trust
A living trust is an estate planning device that allows a person to transfer assets to one or more persons before and after they die.

Escheat to the state
When no heirs have made claims to either all or part of an estate, the state receives the unclaimed estate.

Attorney-in-fact
This person receives the powers allocated in a power of attorney, such as a right to handle another person's financial matters.

Power of attorney
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.

Probate
The process of settling your estate after you die, including paying creditors and heirs, and validating a will (if there is one).

Property
The money a person has and the things a person owns.

Heir
Those persons, including a spouse who are entitled to the property of a decedent when the decedent has left no valid will.

Codicil
An amendment to a will. It is a separate document.

Conservator
A person or entity who is appointed by the court to exercise certain powers for the care of an incapacitated person, the person's estate, or both.

Contact our South Dakota Probate Lawyer Now!

 
Did You Know?    
 
 
It Is Not Wise To Handle Probate Without A Lawyer
Probate is a very complicated and formal process. There are no requirements to use a lawyer, but it is not wise to do so. Even the smallest detail that is missed or left out can cause everything to come to a halt, exposing everyone to liability.

 


  Newsroom  
 


Latest news about probate cases in South Dakota and nationwide:

More Than Half Of College Seniors Have Debt And 38 Percent Delay Buying A Home Due To Student Loan Debt
INDIANAPOLIS – Today Indiana House members passed Senate Bill 459, which contains an amendment offered by State Rep. Trent Van Haaften (D-Mount Ver...
Read more >


Each bank or investment firm may have its own format, but generally you may use, for a trust
How do I title accounts? Each bank or investment firm may have its own format, but generally you may use, for a trust, "Alice Carrol...
Read more >


You Can't Take It With You
Death affects people in many ways. It never is timely. Death confronts the family with bereavement, with the need to readjust emotionally and finan...
Read more >


More Probate News >

 
 

Probate Terms

 
 


Today's Terms

Conservator

Definition:
A person or entity who is appointed by the court to exercise certain powers for the care of an incapacitated person, the person's estate, or both.

Will

Definition:
A legal document that directs where a person's property should go after that person dies.

Assets

Definition:
All property owned by a person that can be used or made available to use in the payment of debts and heirs.

More Probate Terms >

 
 

Probate Resources

 


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Probate Hot Topics

 


Topics Related to Probate:

  • Probate Court
  • Last Will and Testament
  • Living Will
  • Power of Attorney
  • Trust Planning
  • Asset Protection
  • Special Needs Trusts

More Probate Topics >

South Dakota Probate Attorney

 
If you live in the following cities and need an probate attorney you should contact our Probate Attorney as soon as possible:


  • Aberdeen
  • Brookings
  • Huron
  • Mitchell
  • Pierre
  • Rapid City
  • Sioux Falls
  • Spearfish
  • Vermillion
  • Watertown
  • Yankton


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