Get Answers to Your Highest Priority South Dakota Legal Questions

Here are some examples to illustrate application of South Dakota's Medicaid eligibility rules

EXAMPLE #1:  In January of 2007, LeRoy gave his daughter $400,000.00. LeRoy enters a nursing home in Sioux Falls in March of 2013 and applies for Medicaid benefits.  Under this example, LeRoy's gift does not fall within the five-year "look back" period. 

EXAMPLE #2:  In July 2009, LeRoy gave his son $80,000.00. LeRoy entered a nursing home in Sioux Falls in January of 2013 and applies for Medicaid benefits.  Under this example, LeRoy's gift to his son falls within the five-year "look back" period. 

In South Dakota, Medicaid is a jointly funded, Federal-State health care program for persons who are financially eligible. Medicaid provides care for acute medical needs, rehabilitation, and long-term care at home and in nursing homes. There are also various community-based programs, including adult day care, and assistance with local transportation

Paternity means fatherhood. While children need the love of their father, they also need his financial support. Even if the father is not married to the mother, he must help support his children until they reach age 18 (19 if the child is a full-time student still in high school). Every father is responsible for supporting his children whether he agreed to the pregnancy or not. The man named as the father is referred to as the alleged father until paternity is established.

 

 

There are four ways to establish paternity in South Dakota:

 

1.  Both parents can voluntarily sign a paternity affidavit at the hospital when the child is born.

2.  The father can voluntarily sign legal papers establishing paternity.

3.  Genetic testing can be used to establish paternity.

4.  Circuit courts can establish paternity.

Yes.  South Dakota has agreements with other states which may allow you to seek paternity, even if the father is in Wyoming.

In South Dakota, when a father refuses to acknowledge paternity, genetic testing can be ordered. Genetic testing compares the DNA of the child, mother, and alleged father to determine the probability that the alleged father is the biological father. These tests are extremely accurate and can absolutely determine if the alleged father is NOT the biological father. They can determine with a 99 percent or higher decree of certainty that the alleged father is the child’s biological father.

 

 

 

In South Dakota, the Legislature has established guidelines which courts must use to determine that a fair share of income and resources are allocated to the child when that child’s parents are separated, divorced, or unmarried. The combined monthly net incomes of both parents are used in determining the child support obligation and divided proportionately between the parents based upon their net incomes. The noncustodial parent’s share establishes the amount of the child support order.

In South Dakota, a special needs trust may be an important part of planning for a disabled child (even though the child may be an adult by the time the trust is created or funded). A special needs trust allows a disabled child to receive inheritances, gifts, lawsuit settlements, or other funds and not lose his eligibility for certain government programs, like Medicaid or Supplemental Security Income (SSI). These trusts are drafted so that the funds will not be considered to belong to the beneficiary in determining his eligibility for public benefits.

Yes.  Under South Dakota law, a personal representative may employ a qualified and disinterested appraiser to assist in determining the fair market value as of the date of the decedent's death of any asset the value of which may not be readily ascertainable.

Under South Dakota law, when a claim is made against an estate, the Personal Representative may (if it appears for the best interest of the estate) compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.