Section 43-46-5 – Joinder of surviving joint owners in action–Right of contribution.
43-46-5. Joinder of surviving joint owners in action–Right of contribution. In any case where a deceased joint owner had more than one joint tenancy at the time of his death, all of the surviving joint owners therein shall be jointly and severally liable to the creditors or personal representative of the deceased joint owner as […]
Section 43-45-15 – Legislative intent.
43-45-15. Legislative intent. The Legislature of the State of South Dakota hereby declares that §§43-45-16 to 43-45-18, inclusive, is for the purpose of absolutely exempting certain retirement benefits in a reasonable amount from all process, levy, or sale pursuant to the S.D. Const., Art. XXI, §4. The Legislature hereby finds §§43-45-16 to 43-45-18, inclusive, is […]
Section 43-45-16 – Exemption from process for certain retirement benefits–Right of state to collect.
43-45-16. Exemption from process for certain retirement benefits–Right of state to collect. Any person has the right to select and designate a total of one million dollars and the income and distributions therefrom from the employee’s benefit plans as exempt from execution, attachment, garnishment, seizure, or taking by any legal process. This exemption is subject […]
Section 43-45-17 – Employee benefit plan defined.
43-45-17. Employee benefit plan defined. For the purposes of §§43-45-16 to 43-45-18, inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§1001 through 1461, as amended, and in effect on January 1, 2007, or that is described in §401, 403(a), 403(b), 408, 408A, 409, […]
Section 43-45-18 – Court determination of appropriate exemption.
43-45-18. Court determination of appropriate exemption. In the event that any court of South Dakota finds the exemption provided in §43-45-16 is excessive, the court is hereby directed to determine the amount of the exemption permissible under the S.D. Const., Art. XXI, §4. Source: SL 1997, ch 250, §4.
Section 43-46-1 – Joint owners’ liability for debts and obligations of deceased joint owner.
43-46-1. Joint owners’ liability for debts and obligations of deceased joint owner. Upon the death of either, or any, of the joint owners of real or personal property in joint tenancy, with right of survivorship, the surviving joint owner or owners shall be liable for the debts and obligations of the deceased joint owner, or […]
Section 43-46-2 – Right of action of creditor or representative of deceased joint owner.
43-46-2. Right of action of creditor or representative of deceased joint owner. Unless a settlement is made with the surviving joint owner or owners, a creditor or personal representative of the deceased joint owner may institute an action in any court of competent jurisdiction, within six months after the death of the deceased joint owner, […]
Section 43-46-3 – Proof of insufficient other property of deceased joint owner to pay debts.
43-46-3. Proof of insufficient other property of deceased joint owner to pay debts. In any action instituted by a creditor or personal representative of such deceased joint owner, as specified in §43-46-2, the person instituting such action shall allege and prove that there is not sufficient other property standing in the name of the deceased […]
Section 43-46-4 – Limitation on amount of liability of surviving joint owner.
43-46-4. Limitation on amount of liability of surviving joint owner. The surviving joint owner shall be liable to the creditors or personal representative of the deceased joint owner for the lawful debts and obligations of the deceased joint owner only to an amount equal to the value of the amount contributed to the jointly owned […]
Section 43-45-7 – Persons to whom exemptions do not apply.
43-45-7. Persons to whom exemptions do not apply. Except those made absolute, the exemptions provided by this chapter do not apply to the following persons: (1)To a nonresident; (2)To a debtor who is in the act of removing with his family from the state; (3)To a debtor who has absconded, taking with him his family; […]