Legal Opinion

In Re the Estate of Hoffman

South Dakota Supreme Court

Decided October 16, 2002No. NonePublishedCited by 10 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] By statute in South Dakota, an automatic restraining order forbids divorcing spouses from transferring, encumbering, concealing, dissipating, or disposing of any marital asset. While her divorce was pending, the wife, knowing that she was terminally ill, conveyed real and personal marital property held in joint tenancy to herself as a tenant in common. She did this to prevent her estranged spouse from receiving all the marital property as a surviving joint tenant. When her will was later probated, the circuit court invalidated the conveyances as a violation of the…

2Cases cited20 opinions

  1. In re the Termination of Parental Rights over D.H.South Dakota Supreme Court · 1984
  2. Faircloth v. Raven Industries, Inc.South Dakota Supreme Court · 2000
  3. Zoss v. SchaefersSouth Dakota Supreme Court · 1999
  4. Majnaric v. MajnaricOhio Court of Appeals · 1975
  5. Matter of Estate of TollefsrudSupreme Court of Iowa · 1979

15 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Zephier v. Catholic Diocese of Sioux FallsSouth Dakota Supreme Court · 2008
  2. Reaser v. ReaserSouth Dakota Supreme Court · 2004
  3. Tosh v. SchwabSouth Dakota Supreme Court · 2007
  4. Strong v. GantSouth Dakota Supreme Court · 2014
  5. State v. A.B.South Dakota Supreme Court · 2008

5 more not listed; retrieve them via the Exa API.

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