Majority: Court Erred In Requiring Guardian To Pay Estate’s Attorney Fees

Mealey's (March 21, 2018, 1:07 PM EDT) -- PIERRE, S.D. — Reversing a lower court in part, a majority of the South Dakota Supreme Court on March 14 found that the lower court did not have statutory authority to assess attorney fees against the only son and guardian of a decedent and, therefore, the court erred when it ordered him to pay attorney fees to his father’s estate and personal representative (Estate of Wayne Kenneth Ducheneaux v. Douglas D. Ducheneaux, No. 28068, S.D. Sup., 2017 S.D. LEXIS 225)....

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