IN RE ESTATE OF SMID

No. 24466.

756 N.W.2d 1 (2008)

2008 SD 82

In the Matter of The ESTATE OF Ronald W. SMID, Deceased. Audrey E. Smid, Plaintiff and Appellant, v. Dale D. Smid, as the Trustee of the Ronald W. Smid Revocable Trust, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 13, 2008.


Attorney(s) appearing for the Case

Drew C. Johnson, Aberdeen, South Dakota, Attorney for plaintiff and appellant.

Kimberly A. Dorsett of Richards, Oliver & Dorsett Aberdeen, South Dakota Attorneys for defendant and appellee.


SABERS, Justice.

[¶ 1.] With her husband's death imminent, Audrey Smid signed documents creating a trust, which gave her an interest in the marital home, but left the remainder to her husband's children from a prior marriage. She challenges the circuit court's decision that the waiver of her surviving spouse statutory rights contained within trust documents was valid. We affirm.

FACTS

[¶ 2.] Ronald W. Smid was married to Delores Smid until...

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