South Dakota Codified Laws 43-31-10. Change of homestead reserved by order of court for minor children–Petition–Notice–Prior conveyances or liens not prejudiced
If any court by order has reserved a homestead according to law for the use, occupancy, or possession of any surviving minor children of a decedent, or any minor, such court may, during the minority of such minor, on the filing of an application by any person interested in the property, or any guardian ad litem of the minor, or any conservator of the minor, requesting a change of homestead and setting forth facts sufficient to show that such action by the court would be to the best interest and benefit to such minor, change the limits of the homestead by changing the metes and bounds, as well as the record of the description, or may change it entirely. The application shall be heard by the court issuing the original order upon such notice as the court shall deem necessary; but such changes shall not prejudice conveyances or liens made or created previously thereto.
Terms Used In South Dakota Codified Laws 43-31-10
- Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Source: SDC 1939, § 51.1714 as added by SL 1961, ch 263; SL 1993, ch 213, § 236; SL 1995, ch 167, § 186.