Legal Opinion
In Re the Estate of Flaws
South Dakota Supreme Court
Decided August 31, 2016No. 27511PublishedCited by 9 opinions
1Opinion of the Court
KERN, Justice.
[¶ 1.] Decedent named heirs in her will, but all heirs predeceased her, causing her estate to become subject to the laws of intestate succession. Decedent’s brother had two children from his only marriage. These children were designated as heirs. The circuit court determined that decedent’s brother’s illegitimate daughter was also an heir entitled to inherit equally from decedent’s estate. Brother’s legitimate children appeal. We reverse and remand.
BACKGROUND
[¶ 2.] On February 18, 2010, Lorraine Isburg Flaws, a member of the Crow Creek Tribe, died testate. Lorraine’s will…
2Cases cited29 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
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- FMC Corp. v. HollidaySupreme Court of the United States · 1990
- Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
- United States v. VirginiaSupreme Court of the United States · 1996
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3Cited by9 opinions
- Estate of FoxSouth Dakota Supreme Court · 2019
- State v. SharpfishSouth Dakota Supreme Court · 2019
- Estate of Ducheneaux v. Ducheneaux (In Re Estate of Ducheneaux)South Dakota Supreme Court · 2018
- Mohnen v. Estate of MohnenSouth Dakota Supreme Court · 2024
- Advisory OpinionSouth Dakota Supreme Court · 2026
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