A landmark South Dakota scientific discovery in 1990 made headlines around the world and brought fortune to a Cheyenne River Reservation family. Sadly, wealth does not always translate to happiness, and might make a probate dispute more likely. Now, what began with the fossilized bones of a Tyrannosaurus Rex later named Sue, has ended up in litigation among siblings. 

Along with her husband Maurice, Darlene Williams made millions of dollars from the sale of Sue and other dinosaur fossils found on their property. After Maurice passed away in 2011, Darlene took sole possession of the funds. Late in 2020, Darlene died, touching off a conflict regarding her estate plan.

In 2017, Darlene drafted a will that allocated proceeds of her estate evenly among her four children and various grandchildren. The document named her daughter, Sandra Williams Luther, as the executor responsible for ensuring that the will’s terms were carried out. Three weeks before her death however, Darlene apparently created another will, in which Luther was the only heir.  

Not surprisingly, family members have challenged the validity of the second will that excludes them as beneficiaries. Given that the second will was created so close to when Darlene died, they might be able to demonstrate that the document should be rendered null and void due to lack of testamentary capacity. There could also be questions as to whether Luther exercised undue influence in order to collect the entire estate. 

One provision from the second will that might draw scrutiny during the probate litigation process is Darlene’s statement that she hoped her death would bring peace and unity to her family members, who had been feuding for several years. This wish clearly did not come true and the entire situation highlights the importance of being extremely clear in the preparation and drafting of estate planning instruments, especially those created when death is close at hand.

Whether you are an executor or a potential beneficiary, you should speak with an attorney well versed in South Dakota probate and estate administration law if any question exists about the validity of a will or another type of estate-related document. Anker Law Group in Rapid City advises clients on a full range of estate planning issues and represents clients in probate litigation involving claims of undue influence, lack of capacity and other allegations. For a consultation, please call 605-519-5967 or contact us online.