gjleno
Pekin, Illinois USA
New Member
Joined: 09/29/2000
View Profile
 Offline
|
If I become a resident of south dakota how will it affect my will and other legal matters?
|
carp65
Sioux Falls, SD
Senior Member
Joined: 08/26/2004
View Profile
|
Before becoming South Dakotans we resided in Indiana. Last year we went to
Sioux Falls and had an attorney draw up a will based on South Dakota laws.
This was at the advice of our attorney in Indiana. You decide!
|
2oldman
WA
Senior Member
Joined: 04/15/2001
View Profile
Offline
|
South Dakota posts with residence in them
|
DianneOK
Donnelly, ID
Moderator
Joined: 03/19/2004
View Profile
Offline
|
You need to get them changed to SD. We used a lawyer in Sioux Falls.
Dianne
Donnelly, ID
DataStorm
HAM WB6N (Terry)
2005 Teton 39' Frontier Grand
2003 Freightliner FL60
Life Member Good Sam
Escapees
Geocache..."RVcachers"
RV net Blog
|
Bluefreight
upstate NY for the winter
Senior Member
Joined: 06/03/2006
View Profile
Offline
|
DianneOK wrote:You need to get them changed to SD. We used a lawyer in Sioux Falls.
Why?? A will drawn up in one state is legal in all states as is driver license, marriage license, birth cert. and so on. What am I missing?
|
|
|
Kirk
Livingston, Texas.
Senior Member
Joined: 06/17/2001
View Profile
Offline
|
Quote:A will drawn up in one state is legal in all states as is driver license, marriage license, birth cert. and so on. What am I missing? What you are missing is that a birth certificate is only valid if it is issued by the state of birth. A marriage license is a permit to marry and is only valid in the state of issue. The certificate of marriage which is issued once that license has been executed is then valid in all states, most of the time. There are states which allow same sex marriages that are not recognized in all states.
In the case of a driving license, it is only valid if you meet the laws of the issuing state and qualify for it. If you move to another state and cease to have a domicile in the state of issue, it will be invalid after some prescribed period of time. Other states accept that license to drive as long as you are legally domiciled in the state of issue.
As to a will, each state has it's own laws about what must be included in a will and how it should be worded and executed. There is no way to be sure that a will that was written in one state will be considered to be valid in another state. A will is always executed in the state where the deceased is domiciled, not where he happens to be when he passes.
Good travelin! ........Kirk
sent via Starband, Manual Flyer dish
www.adventure.1tree.net
|
DianneOK
Donnelly, ID
Moderator
Joined: 03/19/2004
View Profile
Offline
|
Kirk is correct. There were several issues in our papers that had to be written for SD, including our DNR.
|
cdrcos
St. Paul, MN
Senior Member
Joined: 12/13/2001
View Profile
|
DianneOK wrote:Kirk is correct. There were several issues in our papers that had to be written for SD, including our DNR.
Kirk is correct about the wills - I don't know where the other info came from.
Quote:What you are missing is that a birth certificate is only valid if it is issued by the state of birth. A birth certificate is good in all states. If you present your birth certificate to open an account or get a license, it will be accepted no matter what state it came from.
Quote:The certificate of marriage which is issued once that license has been executed is then valid in all states, most of the time. If you are married in one state, you are married in all.
Quote:In the case of a driving license, it is only valid if you meet the laws of the issuing state and qualify for it. If you move to another state and cease to have a domicile in the state of issue, it will be invalid after some prescribed period of time. Other states accept that license to drive as long as you are legally domiciled in the state of issue. In other words, if you have a license to drive in one state, you can drive in all of them. If one state requires special test to get a license to pull a fiver and your state doesn't, you can still pull your fiver in that state with your license.
Joe & Barb
2002 F-350,PSD,Crew Cab
2003 HH II LS 32.5 UKTG
*finally retired! *
|
Casrep
On the road
New Member
Joined: 01/07/2004
View Profile
|
South Dakota is a "shall issue" State. Don't forget to get a Concealed Carry Permit. It is good in about 20 States.
|
