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In re Estate of Watson12/10/2003
n made no effort outside of sending six cards, four of which were returned. Calvin did not attempt to establish a meaningful relationship while Brian lived, and he may not do so in Brian's death.
. Finally, Calvin argues that under South Dakota intestacy statutes he is entitled to half of Brian's estate. Indeed, where a decedent has no children, SDCL 29A-2-103(2) divides the decedent's estate equally between the decedent's parents. This case, however, involves a wrongful death settlement specifically addressed by South Dakota's wrongful death statutes. See SDCL 21-5 et seq. In fact, SDCL 21-5-8 specifically mandates that a wrongful death settlement be apportioned among the beneficiaries "as shall be fair and equitable." As noted previously, we believe the circuit court did not abuse its discretion in applying these statutes to its equitable division of Brian's wrongful death settlement.
. For the above reasons, we believe the circuit court did not abuse its discretion in awarding Joan $54,956.81 and Calvin $1 of the wrongful death settlement.
. Affirmed.
. SABERS, KONENKAMP, ZINTER, and MEIERHENRY, Justices, concur.
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