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IN RE ESTATE OF HOFFMAN

Nos. 22165, 22324.

653 N.W.2d 94 (2002)

2002 SD 129

In the Matter of the ESTATE OF Cheryl D. HOFFMAN.

Supreme Court of South Dakota.

Decided October 16, 2002.

Attorney(s) appearing for the Case

Michael J. Schaffer of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for appellant Jack Ehrich.

Drew C. Johnson, Aberdeen, South Dakota, Attorney for appellee Bruce Hoffman.

Scott Kuck, Aberdeen, South Dakota, Attorney for Children.

KONENKAMP, Justice.

[¶ 1.] By statute in South Dakota, an automatic restraining order forbids divorcing spouses from transferring, encumbering, concealing, dissipating, or disposing of any marital asset. While her divorce was pending, the wife, knowing that she was terminally ill, conveyed real and personal marital property held in joint tenancy to herself as a tenant in common. She did this to prevent her estranged spouse from receiving all the marital property...

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