In Re Estate of Amundson

[¶ 1.] Margaret Amundson’s estate challenges the validity of a living trust created for Margaret by her husband at a time when she was mentally incapable of giving consent or exercising the powers the trust conferred. The trust effectively bypassed Margaret’s estate’s right to take her spousal elective share under South Dakota law. We conclude that it violated public policy. As the circuit court came to the opposite conclusion, we reverse and remand.

A

[¶ 2.] After fifty-four years as husband and wife, Howard and Margaret Amund-son both died in 1998. They had no children together, but Howard…