In re Estate Of Schmeling
Annotate this Case
The case involves a dispute over the will of Dennis Schmeling, who left his farmland to his sister-in-law, Sharon, in his 2021 will. Two of Dennis's brothers and one nephew contested the will, alleging undue influence by Sharon. The Estate moved for summary judgment, arguing that the contestants could not show that the devise was the result of undue influence, based on a previous court decision (In re Estate of Tank). The circuit court agreed with the Estate, concluding that there was no evidence showing that Dennis had a testamentary disposition toward the contestants and that the contestants did not present evidence showing that Sharon participated in the drafting of the disputed will or engaged in acts of undue influence. The contestants appealed this decision.
The Supreme Court of the State of South Dakota reversed the circuit court's decision and remanded the case. The Supreme Court found that the circuit court had erred by granting summary judgment on grounds not raised by the parties and by granting the Estate's motion for summary judgment. The Supreme Court concluded that there were material issues of fact in dispute on the contestants' claim that the 2021 Will was the result of Sharon’s undue influence. Therefore, the circuit court erred in granting the Estate’s motion for summary judgment. The Supreme Court also found that the circuit court erred in denying the contestants' partial motion for summary judgment, as it was undisputed that neither the 2002 Will nor the 2021 Will contains language expressly disinheriting the contestants.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.