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IN RE ESTATE OF AMUNDSON

Nos. 21015, 21016.

621 N.W.2d 882 (2001)

2001 SD 18

In the Matter of the ESTATE OF Howard AMUNDSON. In the Matter of the Estate of Margaret Amundson. Albert Van Laar, as personal representative of the Estate of Margaret Amundson, Plaintiff and Appellant, v. David O. Amundson, as personal representative of the Estate of Howard Amundson, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 14, 2001.

Attorney(s) appearing for the Case

Timothy J. Langley, Sioux Falls, SD and Brian J. Stuart of Stuart, Gerry & Schlimgen, Sioux Falls, SD, Attorneys for appellant.

Cheryle Wiedmeier Gering of Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, Attorneys for appellee.

KONENKAMP, Justice

[¶ 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...

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