South Dakota Waiver of Right to Election by Spouse

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Description

An elective share is a term used relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will. It has also been called a widow's share, statutory share, election against the will, or forced share.


The election rights of a spouse are governed by state laws, which vary by state. Under such laws, the surviving spouse has historically had the option of either:
1. Accepting what was provided to him or her pursuant to the decedents will; or
2. Electing to take a fixed portion of the decedents probate estate property.


The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.

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FAQ

Codified Laws § 34-20A-2.2. For the purposes of this chapter, the term, next of kin, means, in order of priority stated, the person's: (1) Spouse, if not legally separated; (2) Adult son or daughter; (3) Parent; and (4) Adult brother or sister.

Unmarried Individuals Without Children in South Dakota Inheritance Law Intestate Succession: Extended FamilyChildren, but unmarriedEntire estate to childrenParents, but no spouse, children, or siblingsEntire estate to parentsParents are deceased, and no spouse or childrenEntire estate goes to siblings.1 more row ?

?But South Dakota law protects a person whose marriage is wrongfully interfered with.? Alienation of affection, in theory, protects a spouse from a philanderer who intentionally seduces his or her mate. And while many states have judicially or legislatively done away with it, it's not stuck in the 18th Century.

South Dakota is an equal distribution state, and while that may imply a perfect 50/50 split of assets, it is not actually what it means or how it works out for many couples. Equal distribution just means each party will walk away with a fair share of assets, which may or may not equal 50% of the marital property.

What is next of kin? ?Next of kin? refers to your closest living blood relative (or relatives), like your children, parents, or siblings. People related to you by law, like your spouse or an adopted child, are also legally considered your next of kin.

Most bodies are buried in established cemeteries, but there are no state laws in South Dakota that prohibit burial on private property. Before burying a body in South Dakota, you will need to obtain a burial permit from the health department or local registrar. (See S.D. Codified Laws § 34-25-24.)

South Dakota law does not allow a person to completely disinherit a spouse. If your spouse has recently passed away and their will leaves you nothing or very little, you can contest the will and take an ?elective share? of the augmented estate based on the number of years you've been married.

For those who die without a will, probate law provides a means for distributing the property of the deceased, called an intestate probate proceeding. The court will appoint a personal representative to administer the estate and distribute the property. This person is often a surviving spouse or another beneficiary.

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South Dakota Waiver of Right to Election by Spouse