Justia Trusts & Estates Opinion Summaries

Leo Geier, an heir to his mother Minnie Geier's estate, petitioned for supervised administration of the estate and removal of the estate's personal representative. After hearing evidence, the circuit court denied the petition. Leo appealed. Appellees, Minnie's estate and the personal representative, filed a motion to dismiss the appeal, asserting that Leo did not appeal from a final order and that not all the required parties were served with a notice of the appeal. The Supreme Court dismissed the appeal, holding that although the order of the circuit court was one from which Leo could appeal, the Appellees' motion to dismiss the appeal was granted because not all of the heirs were served with notice of the appeal. View "In re Estate of Geier" on Justia Law

The personal representative of an estate sold real property that had been specifically devised to several heirs. The Supreme Court ruled in a previous appeal that the personal representative lacked the authority to sell the property and remanded the case to allow the buyers of the real property to intervene to protect their interests. After remand, the buyers filed suit against the estate. The heirs who objected to the sale intervened. The trial court granted summary judgment in favor of the buyers, finding that the buyers were good faith purchasers for value of specifically devised land and thus were protected by S.D. Codified Laws 29A-3-714 as a matter of law. The intervening heirs appealed. The Supreme Court affirmed but on narrower grounds, holding that based on lack of notice of the heirs' interest in the land or the law at issue, the buyers were good faith purchasers for value, and as such, were protected by the statute.