South Dakota High Court Remands In Probate Row Over POA’s Undue Influence

Mealey's ( September 28, 2022, 3:40 PM EDT) -- PIERRE, S.D. — The South Dakota Supreme Court affirmed a circuit court order granting summary judgment to the power of attorney (POA) and husband of a decedent on claims for constructive and statutory fraud in a suit filed by the estate’s personal representative, but reversed and remanded claims for conversion of the decedent’s wedding ring and investments, breach of fiduciary duty, incapacity and undue influence, finding that the husband’s evidence in support of summary judgment fails to eliminate questions of material fact regarding these claims....

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