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MATTER OF ESTATE OF PETRIK

#29432.

963 N.W.2d 766 (2021)

2021 S.D. 49

In the MATTER OF the ESTATE OF Marlene PETRIK, a/k/a Ellen Marlene Petrik, Deceased.

Supreme Court of South Dakota.

OPINION FILED August 18, 2021.

Attorney(s) appearing for the Case

DANIEL K. BRENDTRO , ROBERT D. TRZYNKA of Hovland, Rasmus, Brendtro & Trzynka, Prof. LLC, Sioux Falls, South Dakota, Attorneys for appellant David L. Petrik, individually and as personal representative.

TIMOTHY R. WHALEN , Lake Andes, South Dakota, Attorney for appellees Audrey Petrik and Estate of Dale A. Petrik.

[¶1.] This appeal follows the circuit court's decision granting a petition to terminate a joint tenancy filed within the estate action of one of the deceased joint tenants, without notice or a hearing. We vacate the court's order terminating the joint tenancy and remand the case for further proceedings.

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