In Re Estate of Smid

756 N.W.2d 1 (2008)

2008 SD 82

In the Matter of The ESTATE OF Ronald W. SMID, Deceased.

Audrey E. Smid, Plaintiff and Appellant,

v.

Dale D. Smid, as the Trustee of the Ronald W. Smid Revocable Trust, Defendant and Appellee.

No. 24466.

Supreme Court of South Dakota.

Argued March 28, 2007.

Decided August 13, 2008.

Drew C. Johnson, Aberdeen, South Dakota, Attorney for plaintiff and appellant.

Kimberly A. Dorsett of Richards, Oliver & Dorsett Aberdeen, South Dakota Attorneys for defendant and appellee.

SABERS, Justice.

[¶ 1.] With her husband's death imminent, Audrey Smid signed documents creating a trust,…