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The Basics of Dynasty Trusts

Dynasty trusts are tools that allow the grantor (the person who funds the trust) to pass assets down to future generations without the burden of estate and gift taxes that Read More

The Benefits of Chapter 11 Business Bankruptcy

The COVID-19 pandemic has wreaked havoc across the globe and caused businesses to face serious financial hardship. For many, Chapter 11 business bankruptcy has been a useful way of staying Read More

How Does Remarrying Affect a Child Support Order?

South Dakota courts can modify a child support order when one or both parents make are request due to a significant life change. Remarriage of either parent and the addition Read More

South Dakota’s Simplified Probate Process for Small Estates

If you are a surviving spouse or descendant of someone who has passed away with a small amount of property, or you are the executor of an estate with minimal Read More

How Does the Court Decide Who Gets What in a Divorce?

There are many misunderstandings about how a court decides who gets what in a South Dakota divorce. Some people think that the court will always split property equally between the Read More

How Allegations of Domestic Abuse Could Affect a Child Custody Decision

In South Dakota as elsewhere, child custody determinations are based on what a judge deems to be in the best interests of the child. In situations where allegations of domestic Read More

South Dakota Still Resists Presumption of Equal Joint Child Custody

South Dakota lawmakers failed to join nine other states that recognize a presumption of equal joint custody — also known as shared parenting — for children of divorced parents. A Read More

Using Payable-on-Death Accounts and Transfer-on-Death Deeds to Avoid Probate

Probate in South Dakota can be a complicated and drawn-out process if the estate has a net worth of more than $50,000. Fortunately, there are methods that allow even wealthy Read More

Using South Dakota Domestic Asset Protection Trusts to Shield Your Property from Creditors

If you hold substantial wealth and you fear that you might be exposed to liability or incur serious debts in the future, you may need a way of protecting your Read More

Advantages of Chapter 12 Bankruptcy for South Dakota Farmers and Ranchers

Farms and ranches are often liability-heavy businesses and the recession of 2020 has hit them particularly hard. Fortunately, federal law provides a tailor-made way for those primarily engaged in agricultural Read More

Business Valuation Issues in Chapter 11 Cases

Chapter 11 is a form of bankruptcy protection that allows creditors to be partially paid back as an insolvent company regains its financial viability. However, there are a number of Read More

Driver Fatigue: A Major Cause of Truck Accidents

Tractor-trailers, semi-trucks and other large commercial vehicles are ever-present dangers on South Dakota highways, made worse when there are lapses in drivers’ attention. Lane drifting, abrupt braking and other erratic Read More

What Types of Property Transfers Are Excluded from Probate?

Probate is a court proceeding that occurs when a deceased has left a will to direct how his or her assets are to be distributed. In the absence of a Read More

Texting and Driving

In South Dakota, House Bill 1169 goes into effect July 1, 2020. This new law expands prohibitions on use of a cell phone while driving. While this law may be Read More

The Dirty Dozen

Every year the Internal Revenue Service announces a list of tax scams, which it terms the “Dirty Dozen”.   Tax scams tend to rise during tax season or during times Read More

Farm Bankruptcies Rising as Coronavirus Pandemic Drags On

Even before the COVID-19 pandemic hit, American farmers were already struggling with export market disruptions, low commodity prices, weather events and declining farm income. The virus has made a tough Read More

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