Legal Opinion

In Re the Estate of Flaws

South Dakota Supreme Court

Decided January 25, 2012No. 25930PublishedCited by 13 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] Yvette Herman (Yvette) appeals a partial summary judgment for certain heirs of the estate of Lorraine Isburg Flaws (Lorraine) determining that Yvette does not have standing to maintain her claim that she is an heir of the estate. We reverse and remand.

Facts

[¶2.] Lorraine died testate on February 18, 2010. However, Lorraine was predeceased by her named beneficiaries and her will did not designate contingent beneficiaries. 1 Thus, administration of Lorraine’s estate was governed by the laws of intestate succession.

[¶ 3.] Lorraine was also predeceased by her…

2Cases cited23 opinions

  1. Stanislaw Opoka v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1996
  2. Smith v. DorseyMississippi Supreme Court · 1992
  3. In Re the Termination of the Franchise Agreement Between Groseth International, Inc.South Dakota Supreme Court · 1989
  4. Long v. Knight Const. Co., Inc.South Dakota Supreme Court · 1978
  5. Advanced Software Design Corp. v. Federal Reserve BankCourt of Appeals for the Federal Circuit · 2009

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

3Cited by13 opinions

  1. Long v. State of S.D.South Dakota Supreme Court · 2017
  2. In Re the Estate of HamiltonSouth Dakota Supreme Court · 2012
  3. Rabo Agrifinance, Inc. v. Rock Creek FarmsSouth Dakota Supreme Court · 2012
  4. In Re the Estate of FlawsSouth Dakota Supreme Court · 2016
  5. Good Lance v. Black Hills Dialysis, LLCSouth Dakota Supreme Court · 2015

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

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