There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 29A-2-208 — Exclusions, valuation, and overlapping application.
29A-2-208. Exclusions, valuation, and overlapping application. (a) The value of any property is excluded from the decedent's nonprobate transfers to others (i) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property or (ii) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse. (b) The
value of property:
(1) Included in the augmented estate under
§ 29A-2-205, 29A-2-206, or 29A-2-207 is reduced in each
category by enforceable claims against the included property;
and
(2) Includes the commuted value of any
present or future interest and the commuted value of amounts
payable under any trust, life insurance settlement option, annuity
contract, public or private pension, disability compensation, death
benefit or retirement plan, or any similar arrangement, exclusive
of the federal Social Security system.
(c) In case
of overlapping application to the same property of the paragraphs
or subparagraphs of § 29A-2-205, 29A-2-206, or 29A-2-207,
the property is included in the augmented estate under the
provision resulting in the greatest value, and under only one
overlapping provision if they all yield the same value.
Source: SL 1995, ch 167, § 2-208.
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