Estate Litigation And Will Contest Attorneys In South Dakota
Last updated on March 23, 2026
We do not draft wills. We litigate disputes involving them. One of our primary areas of service is litigating cases involving personal representatives. We represent clients not only in South Dakota but also across the United States.
Our attorneys at Reiter Law Firm possess over 30 years of combined experience in estate litigation. We understand the emotional and financial complexities involved in these disputes and provide compassionate and assertive representation to clients throughout South Dakota. We guide you through the legal process, seeking to resolve disputes fairly and efficiently.
Understanding The Scope Of Estate Litigation
Estate litigation encompasses a broad range of legal disputes that can arise during the administration of a deceased person’s estate. These disputes can involve:
- Will contests: Challenges to the validity of a will, often based on claims of lack of capacity, undue influence, fraud or forgery.
- Beneficiary disputes: Disagreements among beneficiaries regarding the interpretation of a will or trust, the distribution of assets, or the personal representative’s or trustee’s actions.
- Probate disputes: Conflicts related to the probate process itself such as challenges to the appointment of a personal representative or disagreements over the valuation of estate assets.
- Claims against the estate: Creditors or other individuals may file claims against the estate, leading to disputes over the validity or priority of those claims.
- Spousal elective share: In South Dakota, a surviving spouse has the right to claim a share of the deceased spouse’s estate, even if they were excluded from the will. Disputes can arise regarding the calculation or enforcement of this elective share.
While both involve inheritance disputes, estate litigation and trust litigation have distinct focuses. Estate litigation typically deals with disputes arising from wills and the probate process, while trust litigation focuses on disputes related to the administration, interpretation and distribution of trust assets.
Breach Of Fiduciary Duty: What To Know
A fiduciary relationship depends on a foundation of trust and accountability. When an individual or entity fails to act in the best interests of their beneficiary, a fiduciary breach occurs. Common examples include self-dealing, negligence or a conflict of interest. These violations can jeopardize the integrity of an entire estate or business, leading to significant financial loss. Our estate litigation attorneys regularly resolve these complex disputes. We hold those in power to the highest legal standards. Conversely, we steadfastly defend those unfairly accused of misconduct.
When A Personal Representative Breaches Their Duties
As our founding partner Pamela Reiter emphasizes, our firm prioritizes cases involving personal representatives (executors or administrators). These matters are distinct from trust-related litigation. We handle both the prosecution and defense of claims where a personal representative is accused of:
- Mishandling probate assets
- Failing to provide accurate accountings
- Violating their statutory duties
The probate process carries specific procedural requirements. Our estate litigation lawyers provide the nuance to resolve these disputes effectively, protecting the rightful distribution of the decedent’s estate.
Common Questions About Estate Litigation
To help you better understand the process, we’ve provided answers to some common questions about estate litigation.
What kinds of estate issues can be litigated?
Various estate-related issues can be litigated, including will contests, beneficiary disputes, probate disputes, claims against the estate, creditor claims and spousal elective share disputes.
My parents cut me out of the inheritance. Is there anything I can do?
While individuals in South Dakota have the right to distribute their assets as they see fit, you may have grounds to challenge a will if you believe it was created under undue influence or fraud, or if your parent lacked the capacity to make a valid will.
Who can contest a will in South Dakota?
Generally, individuals who have a direct financial interest in the estate can contest a will. This typically includes beneficiaries named in the will, those who would inherit under state intestacy laws if there were no will and creditors of the estate.
What should I bring to a first meeting with an attorney about my estate dispute?
So we can have a clear picture of the estate and the dispute, please bring documents such as:
- The will, codicils and any related letters of instruction
- Any relevant probate court records
- An estate asset list
- Bills, creditor letters and expense receipts
- Any communications or other written records related to the dispute
We stand ready to review your documents and listen to your story, so we can provide you with practical guidance on next steps.
What are some common defenses to estate litigation claims?
Depending on the nature of the claim, various defenses may be available such as:
- Lack of standing: The person contesting the will does not have the legal right to do so.
- Valid will execution: The will was properly executed according to South Dakota law.
- Testamentary capacity: The testator was of sound mind when they made the will.
- No undue influence: The testator was not unduly influenced by anyone.
- Statute of limitations: The time limit for filing a claim has expired.
How can I avoid estate litigation?
While not all estate litigation is avoidable, taking certain steps can reduce the likelihood of disputes such as:
- Creating a clear and comprehensive estate plan
- Communicating your wishes to your family and beneficiaries
- Keeping your estate plan updated as your circumstances change
- Seeking legal advice from an experienced estate planning attorney
Schedule A Consultation With A Sioux Falls Estate Litigation Attorney
If you are involved in an estate dispute in South Dakota, Reiter Law Firm is ready to represent your interests. Call us at 605-800-8825 or complete the form below.