The
SD Supreme Court handed down one decision this morning, holding inter alia:
- Order (approving elimination of TOD
beneficiary designations), entered without notice and hearing, held void
ESTATE
OF BEADLE, 2023 S.D. 26: Trial court
approved Guardian/Conservator’s action in changing Ward’s investment accounts
so as to eliminate two grandsons of Ward’s “spouse-like” friend as TOD
beneficiaries. The SD Supreme Court
reversed, stating:
[¶18.] At oral argument, all
parties acknowledged that the October 23, 2019 order authorizing the
conservator to remove the TOD beneficiaries on [Ward’s] accounts was entered
without notice to the beneficiaries and without hearing. Consequently, the
order is void as a matter of law. See Lessert v. Lessert, 64 S.D. 3, 263
N.W. 559, 561 (1935) (judgment was void when “it was beyond the power and
authority of the court which rendered it.”). On remand, the probate court
retains full authority to resolve any and all claims regarding the ownership of
those accounts.
This
decision is unanimous (5-0), with opinion authored by Justice Myren.
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
