Estate of Dimond

2008 SD 131

ESTATE OF SCOTT W. DIMOND aka SCOTT DIMOND, Deceased.

No. 24823.

Supreme Court of South Dakota.

Considered On Briefs November 3, 2008.

Opinion Filed December 30, 2008.

STANLEY E. WHITING Attorney for appellant Winner, South Dakota Twila Edwards.

ANITA L. FUOSS Attorney for appellee Murdo, South Dakota Sandhill Oil Co. Inc.

KONENKAMP, Justice.

[¶ 1.] Although never decided in South Dakota, many jurisdictions hold that, as a general rule, an unexplained transfer of money or property from a parent to a child creates a rebuttable presumption that the transfer was intended as a gift. In this…