Matter of Estate of Hafferman (1989)

Matter of Estate of Hafferman, 442 N.W.2d 238, 242 (S.D.1989) (citing In re Engebretson’s Estate, 68 S.D. 255 , 1 N.W.2d 351, 353 (1941); In re Engebretson’s Estate, 68 S.D. 572, 577 , 5 N.W.2d 57, 59 (1942)). [¶ 32.] As all the expenditures now complained of were found by the trial court to be justifiable, we approve the attorney’s fees as being for the benefit of the estate and that it was done in good faith and with reasonable care and prudence.

She then argues that the evidence is insufficient to support the circuit court’s finding that Yellow Robe possessed the requisite specialized knowledge. [¶ 18.] The BIA Guidelines, although helpful, “do not have binding legislative effect and have never been formally adopted by this Court.” In re M.H., 2005 S.D. 4 , ¶ 10, 691 N.W.2d 622, 625 . * See Merrill v. Altman, 2011 S.D. 94, ¶ 19 , 807 N.W.2d 821, 825 ; In re A.L., 442 N.W.2d 238, 236 (S.D.1989).

South Dakota’s chronological history of the two-prong test includes: In re Engebretson s Estate (Engebretson III), 69 S.D. 549, 554 , 12 N.W.2d 761, 763 (1944) (awarding attorney’s fees under the second prong of the two-prong test); In re Bamberger’s Estate, 79 S.D. 85, 89 , 108 N.W.2d 50, 52-53 (1961) (modifying the second prong by noting that although the second prong limited recovery of attorney’s fees to instances where the services of an attorney were necessary due to "…

Jacobsen, 482 N.W.2d at 638 (citing In re Estate of Hafferman, 442 N.W.2d 238, 241 (S.D.1989)); see also In re Estate of Bamberger, 79 S.D. 85 , 108 N.W.2d 50 (1961); In re Engebretson’s Estate, 68 S.D. 255 , 1 N.W.2d 351 (1941).

See In re Estate of Hafferman, 442 N.W.2d 238, 241 (S.D. 1989), superseded by statute, SDCL 29A-3-720. [¶32.] However, we later concluded that the second prong of the test— requiring the attorney services to be necessary because of a fiduciary’s negligence, fraud, or inactivity—was improvidently gleaned from the Engebretson case.

See also Estate of Hafferman, 442 N.W.2d 238 (S.D.1989); Estate of Lingscheit, 387 N.W.2d 738 (S.D.1986).

See Estate of Hafferman, 442 N.W.2d 238, 242 (S.D.1989). [¶ 28.] Reversed and remanded. [¶ 29.] MILLER, C.J., and SABERS, AMUNDSON, and GILBERTSON, JJ., concur. 1 .