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Swier Law Firm FAQ

 

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  • South Dakota Estate Planning - What Is The Annual Gift Tax Exclusion?

    You can give away up to $15,000 per year, per beneficiary, with no gift tax consequences to the recipient or yourself. This strategy can be as easy as writing a check to each of your loved ones during the holidays. The assets you give away using the annual gift tax exclusion do not count toward the lifetime exemption.

    Do You Need To Speak With A Lawyer About Estate Planning?

    If you need to speak with an experienced estate planning lawyer please contact us online or call our office directly at 888.864.9981. We will be happy to discuss your legal options!

  • South Dakota Estate Planning - What Is Lifetime Gift Planning?

    Lifetime gift tax planning allows you to give assets to loved ones, without paying gift taxes now or estate taxes later. Years ago, the federal government found that taxpayers were trying to avoid estate taxes, by giving away some of their property while still alive. As the donors saw their loved ones enjoying the gifts, the IRS saw the taxpayers avoiding or reducing estate taxes on these gifted assets at the death.

    As a result, the gift tax was enacted to keep people from avoiding the estate tax. The basic concept is - when you give someone an asset that exceeds a permitted amount, you (the donor) must pay the IRS for that privilege, in the form of a gift tax.

    If you are trying to use the lifetime wealth transfers to lower the total value of your estate and avoid or reduce estate taxes, here are three things you need to know:

    • The annual gift tax exclusion is $15,000 in 2019.
    • The lifetime estate and gift tax exclusion is $11.4 million in 2019.
    • Some gifts are not subject to the gift tax at all.

    Do You Need To Speak With A Lawyer About Estate Planning?

    If you need to speak with an experienced estate planning lawyer please contact us online or call our office directly at 888.864.9981. We will be happy to discuss your legal options!

  • South Dakota Estate Planning - What Are The Lifetime Estate And Gift Tax Exemptions?

    Gifts exceeding the annual gift tax exclusion can fall under the lifetime estate and gift tax exemption, but you must file a timely gift tax return. For example, if one of your children is having financial issues, you should first maximize your annual exclusion and then apply gift amounts over that limit against the lifetime exemption.

    The lifetime exemption is $11.4 million for 2019. Before the Tax Cuts and Jobs Act (TCJA), the limit was $5.49 million in 2017. Unless made “permanent,” the current exemption amount will expire at the end of 2025 and the exemption could go back to the pre-TCJA limit.

    The IRS combines the estate and gift tax exemption for a total exemption of $11.4 million. In other words, if you do not use any of the gift tax exemption while you are alive and you die in 2019, your estate will have the full $11.4 million estate tax exemption. If you use $4 million of the gift tax exemption while you are alive and you die in 2019, your estate will have a $7.4 estate tax exemption remaining. In this way, the federal estate and gift tax exemption is considered to be a “unified” tax.

    Do You Need To Speak With A Lawyer About Estate Planning?

    If you need to speak with an experienced estate planning lawyer please contact us online or call our office directly at 888.864.9981. We will be happy to discuss your legal options!

  • What are Field Sobriety Exercises (FSE)?

    Field Sobriety Tests (FSE) are a set of divided attention tasks given on the roadside such as – walking on a straight line, standing on one leg while counting out loud, and touching your finger to your nose with your eyes closed.

    DUI Lawyer Swier Law Firm

    The purpose of these exercises is to prove that a person is impaired. These exercises are then “graded” by the law enforcement officer as they are performed. However, the “grading” can be very subjective on the part of the officer. Whether you pass or fail is often based on the officer’s personal observations and impressions, not on any objective criteria

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • If I’m pulled over for a potential DUI, am I required to take a breath test?

    Yes. Any person operating a vehicle which has been involved in an accident or which is operated in violation of our state’s DUI laws, must, at the request of a law enforcement officer, submit to a breath test to be administered by the officer. If the breath test indicates that the driver has consumed alcohol, the law enforcement officer may require the driver to submit to a chemical test.

    DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • Can I be arrested for DUI after a traffic accident?

    Yes. A law enforcement officer may, without a warrant, arrest a person for a DUI when the officer has probable cause to believe that the person has been involved in a traffic accident and that a DUI violation occurred prior to or immediately following the traffic accident.

    DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • If I’m convicted of a first offense DUI, will I lose my driver’s license? If so, can I still drive for limited purposes?

    If your DUI conviction is a first offense, your driving privileges must be revoked for not less than thirty days. However, the court may allow you to operate a vehicle for employment, participation in the 24/7 sobriety testing program, attendance at school, or attendance at counseling programs. It should be noted that the court may also revoke your driving privilege for a period not to exceed one year or restrict the privilege as it sees fit for a period not to exceed one year.

    DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • What is the maximum penalty for a sixth or subsequent DUI conviction?

    • Class 4 felony

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    • 10 years imprisonment in South Dakota State Penitentiary, a $20,000 fine, or both

    • Driving privileges must be revoked for not less than 3 years

    • Enrollment in at least one of the following – (1) alcohol or drug accountability program (2) ignition interlock (3) breath alcohol interlock (4) alcohol monitoring bracelet (5) other enhanced monitoring tool

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • What is the maximum penalty for a fifth or subsequent DUI conviction?

    • Class 4 felony

    DUI Lawyer Swier Law Firm

    • 10 years imprisonment in South Dakota State Penitentiary, a $20,000 fine, or both

    • Driving privileges must be revoked for not less than 3 years

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • What is the maximum penalty for a fourth offense DUI conviction?

    • Class 5 felony

    DUI Lawyer Swier Law Firm

    • 5 years imprisonment in South Dakota State Penitentiary, a $10,000 fine, or both

    • Driving privileges must be revoked for not less than 2 year

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.