Get Answers to Your Highest Priority South Dakota Legal Questions

No.  

The state of South Dakota actually tries to replicate what it thinks think you would have wanted to happen with your assets, even if you didn’t say what you wanted. If you die without a Will (known as dying “intestate”) your assets will pass in accordance with South Dakota law. The law starts by looking for people in your life that were closest to you. If you had a spouse, your money will start there. In South Dakota, if you had no descendants or if all your descendants were also descendants of your spouse, then your assets will pass to your  spouse. If you had descendants that were not from your spouse then your assets will start to be divided among different people in percentages.

Despite the state trying to replicate what you would want, it still is much easier to distribute your assets if you have a valid Will at the time of your death. Even if you end up distributing things exactly how they would otherwise be distributed under state law, dying with a Will helps expedite the entire process of probating your estate – it leaves no doubt as to where you want your assets to go to and also helps in naming the personal representative (or executor) put in charge of sorting it all out.   

 

Although the term “estate planning” can sound intimidating, it simply means planning for what will happen with your assets once you pass away.  Believe it or not, nearly everyone has an “estate.” Your estate includes everything you own – your car, home, other real estate, checking and savings accounts, investments, life insurance, furniture, personal possessions. And no matter how large or small your estate may be, everyone has something in common – you can’t take it with you when you die.

 

When that happens, you want to control how those things are given to the people or organizations you care most about. To ensure your wishes are carried out, you need to provide instructions stating whom you want to receive something, what you want them to receive, and when they are to receive it. However, estate planning is often more complicated if you have an autistic child.

 

First, your autistic child likely has greater needs. Depending on where your child falls on the spectrum, he may require specialized treatment that includes therapy, housing, education, adaptive equipment, and many other services. The need for this care may be lifelong. Providing the appropriate care requires careful estate planning.

 

Second, estate planning is the only way to ensure that you can provide for your child without jeopardizing his eligibility for government and private benefit programs.

 

Finally, estate planning is the only way to protect your child’s financial interests today as well as in the future, when you may no longer be able to help. 

Yes. In South Dakota, the court may grant grandparents reasonable rights of visitation with their grandchild, with or without petition by the grandparents, if the visitation is in the best interests of the grandchild and:

• If the visitation will not significantly interfere with the parent-child relationship; or
• If the parent or custodian of the grandchild has denied or prevented the grandparent reasonable opportunity to visit the grandchild.

For more about grandparent visitation rights in South Dakota, download The South Dakota Child Custody and Divorce Handbook™. 

In a South Dakota divorce, a court divides property by considering:

(1) length of the marriage;

(2) value of the property owned by the spouses;

(3) age of the spouses;

(4) health of the spouses;

(5) ability of the spouses to earn a living;

(6) contribution of each spouse to accumulating the property; and

(7) income-producing capacity of the property owned by the spouses.

A "retainer fee" or “retainer” is an amount of money paid before an attorney begins work. The amount is an estimate of the number of hours we think it will take our team to complete your case.

Of course, this is much like attempting to summarize a book by reading its first few pages or reviewing a movie based on the previews - we do not fully know what we are in for until we are in it. Ethically, once an attorney represents you, he cannot stop representing you if it would unduly prejudice your interests. It is easier for a client to end representation at any time than it is for an attorney to do the same.

For more information about legal fees, click here.

Under South Dakota law, if you pass away without a will you are:

• Surrendering to the state of South Dakota the important decisions affecting the well-being and future security of your family
• At risk of having your property divided in a way that's not to your liking
• Foregoing any opportunities to reduce your taxes

What Does Jointly Held Real Estate Mean In Estate Planning?

Real estate is commonly a joint asset.  There are three ways to be joint owners of real estate.  Each is different in what happens at the death of one of the joint owners.  The way a deed is written and recorded will determine how the real estate is held.

Example Of Jointly Held Real Estate In Regards to Estate Planning

Real estate is commonly a joint asset.  There are three ways to be joint owners of real estate.  Each is different in what happens at the death of one of the joint owners.  The way a deed is written and recorded will determine how the real estate is held and passed.

In South Dakota, a parent’s child support obligation is governed by the Child Support Guidelines. The amount to be paid is determined primarily by the combined incomes of the parents, the number of children for whom support is required, and the amount of time the children spend with each parent.

DO PARENTS HAVE AN OBLIGATION TO SUPPORT THEIR MINOR CHILD?

Yes. The parents of a minor child are jointly and severally obligated for the necessary maintenance, education, and support of the child.

AM I ENTITLED TO CHILD SUPPORT?

Maybe. Child support is calculated by taking into consideration many factors. Specifically, the court will look at the custody arrangement, income of both parties, cost of insurance, and child care expenses. Child support is a set formula that is set by the South Dakota child support guidelines. As you can see many factors are taken into consideration and every case is different. If you have custody of your child and you think you might be entitled to child support contact our office to schedule a consultation and we can evaluate your specific circumstances and give you more information.

HOW IS CHILD SUPPORT DETERMINED?

The amount of support each parent pays depends on income and time spent with the child. South Dakota sets a base support amount according to the child support guidelines, which are simply a fee schedule, but the final amount of support a court will order could be quite different. Other costs including the child’s medical care must be included. Also, a court can adjust the amount of support either up or down to better meet the child’s needs.

WHAT HAPPENS IF ONE PARENT DOESN'T WORK OUTSIDE THE HOME?

Except when a parent is physically or mentally disabled, it is presumed that a parent is capable of being employed at the minimum wage and the parent’s child support obligation is determined at a rate not less than full-time employment at the state minimum wage.

DOES A STEPPARENT HAVE A DUTY TO SUPPORT HIS SPOUSE'S CHILDREN?

Yes. A stepparent must maintain his spouse’s children born prior to their marriage and is responsible as a parent for their support and education. However, this responsibility does not release the natural or adoptive parents of the children from their support obligations.

For more about child support in our state, download The South Dakota Child Custody and Divorce Handbook™.

No. In South Dakota, you must have grounds for a divorce.

Speak With An Experienced Family Law Attorney Today

If you need the guidance of an experienced Family Law attorney please feel free to contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

It is common for attorneys to request temporary relief when a divorce has been started. These are basically temporary orders to help maintain the status quo and spell out the "ground rules" while the divorce action is pending.

 

Issues such as child custody, support, and visitation are often addressed in these temporary orders. Other things which can also be included are temporary alimony, who will live in the family residence, and how the bills will be paid until the divorce is finalized. 

Speak With An Experienced Family Law Attorney Today

If you need the guidance of an experienced Family Law attorney please feel free to contact us online or call our office directly at 888.864.9981 to schedule your free consultation.