IN RE ESTATE OF DIMOND

No. 24878.

759 N.W.2d 534 (2008)

2008 SD 131

ESTATE OF Scott W. DIMOND aka Scott Dimond, Deceased.

Supreme Court of South Dakota.

Decided December 30, 2008.


Attorney(s) appearing for the Case

Stanley E. Whiting, Winner, South Dakota, Attorney for appellant, Twila Edwards.

Anita L. Fuoss, Murdo, South Dakota, Attorney for appellee, Sandhill Oil Co. Inc.


KONENKAMP, Justice.

[¶ 1.] Although never decided in South Dakota, many jurisdictions hold that, as a general rule, an unexplained transfer of money or property from a parent to a child creates a rebuttable presumption that the transfer was intended as a gift. In this case, nine months after a mother gave her son $25,000, he died. Declaring that the money was a loan, she sought reimbursement from her son's estate as...

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