Unless a contrary intent is indicated in the will, the amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to the successor in a direct proceeding for recovery of the debt.
S.D. Codified Laws § 29A-3-903
Right of retainer
Applied in 1 court decision — leading case In Re the Estate of Laue (2010)
Most recently applied in In Re the Estate of Laue (October 2010)
Source: SL 1994, ch 232, § 3-903.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.