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Can I claim more of my deceased husband's estate in South Dakota?

Can I claim more of my deceased husband's estate in South Dakota?

Q: How long would a decedent and spouse have to be married for the surviving spouse to be entitled to an elective share percentage of 50 percent of the augmented estate?

In South Dakota, a surviving spouse must be married for at least 15 years to be entitled to an elective share of 50 percent of the augmented estate. This share includes both probate and nonprobate assets, ensuring that long-term spouses are fairly compensated regardless of the will's provisions.

Q: What happens if your spouse dies are you still married?

When a spouse dies, the marriage legally ends. The surviving spouse is no longer considered married and may need to address estate matters, including claims to the deceased spouse's estate, as per state laws regarding inheritance and elective shares.

Q: Does my husband have rights to my body?

Legally, a husband does not have rights over his wife's body. Each individual retains autonomy over their own body, even within marriage. However, decisions about medical care or end-of-life wishes may be influenced by legal documents like advance directives.

Q: Does a husband have a right to his wife's body?

Similar to wives, husbands do not have legal rights over their spouses' bodies. Each person maintains control over their own body. However, in situations involving medical decisions or after death, the surviving spouse may have certain rights, which can be defined by state laws or legal documents.

Full question:

My husband I were married for 25 years and lived in South Dakota. My husband was a terminal cancer patient and recently passed away. He had left the majority of his property to his son that he had with his ex-wife. I am not satisfied with my share of his estate in his will. Would I be able to claim any more of my deceased husband’s property?

Category: Wills and Estates
Subcategory: Elective Share of Estate
Date: 04/07/2025
State: South Dakota

Answer:

Yes, as a surviving spouse in South Dakota, you are entitled to an elective share of your deceased husband's augmented estate, regardless of what the will states. Since you were married for over 15 years, you can claim fifty percent of his augmented estate (S.D. Codified Laws § 29A-2-202). This elective share is calculated based on the total value of the estate, which includes both probate and nonprobate assets. If your share from the will is less than this amount, you can exercise your right to claim the elective share. You must file a petition for the elective share within nine months of your husband's death or within four months of the will's admission to probate, whichever is later (S.D. Codified Laws § 29A-2-211). If you have further questions, consider consulting a legal professional for assistance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who has power over the wife's body?

In general, a spouse has no legal power over their partner's body after death. Decisions regarding the disposition of remains usually fall to the surviving spouse or designated representative. However, this can vary based on state laws and any pre-existing legal documents such as wills or advance directives.

How long would a decedent and spouse have to be married for the surviving spouse to be entitled to an elective share percentage of 50 percent of the augmented estate?

What happens if your spouse dies are you still married?

Does my husband have rights to my body?

Does a husband have a right to his wife's body?

Can my wife claim my house that I owned before we were married?

In South Dakota, property owned before marriage is typically considered separate property and may not automatically be subject to division upon death. However, if the property was commingled with marital assets or if the deceased spouse's will specifies otherwise, claims may arise. Consulting a legal professional is advisable for specific situations.