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South Dakota Form Publication 915: What You Should Know

Explanation : A share is distributed to the public by discharge by the personal representative of an obligation to distribute an entire estate. The public is referred to in this section as the “beneficiaries” where the personal representative discharges an obligation to distribute an entire estate.  (b) A share of property for personal care and maintenance that is not a share of realty or immovable is not a share of the estate. Explanation : The personal representative is not required to make a distribution in the case of the failure of a person not to distribute a share of real estate or immovable other than a share of real estate or immovable, and the failure of a person to discharge an obligation of the personal representative to distribute a share of realty or immovable is not a breach of a duty to distribute a share of realty or immovable. The term “personal representative” does not include a child (under 18) of a deceased parent or custodian, or a parent or custodian of a child of a child, if, before the death of the child or parent, the estate was in the power of the decedent. Explanation : A child under the age of 18 is a member of the estate only if the decedent had actual and sole custody of the child at the time of the decedent's death and the decedent was the natural guardian or representative of the child. (d) If a person is a member of the family of the decedent who has lived in or outside this state and who was not present with the decedent at the times the decedent died and if the decedent did not leave estate taxable under Sections 901(1)-(6) (relating to income taxes), there are no federal taxable requirements on the person. Explanation (1) : The federal estate tax does not apply when a person does not have a physical presence in South Dakota. (2) : The term “physical presence” may have two meanings.

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