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Key Takeaways: South Dakota Codified Law protects rightful inheritors of estates and sets clear guidelines for trustees and executors. Estate or trust fraud is a crime punishable by law. Subtle warning signs of estate or trust fraud include unexplained changes to wills or trusts, disappearing assets, and unusual defensiveness over questions regarding the estate. You can contest a will or…
Key Takeaways: A well-crafted estate plan provides clear instructions for the distribution of assets, minimizing the potential for disputes among beneficiaries. Estate planning goes beyond a simple will and can include trusts, healthcare directives, and powers of attorney. Probate can be a complex and lengthy process, but a comprehensive estate plan can simplify it significantly. Failing to plan can lead…
Key Takeaways: Undue influence occurs when someone manipulates or coerces another person into making decisions that benefit the influencer. This type of manipulation often occurs in estate planning, especially with vulnerable individuals. Recognizing the signs of undue influence is crucial for protecting yourself and your loved ones. Contesting undue influence requires strong evidence and legal expertise. An experienced estate litigation…
Family disputes over wills and trusts can lead to months of suffering and stress for everyone involved. Despite someone’s best interests, their will may leave more questions than answers, and contests from relatives can ultimately lead to costly legal battles. Rather than suffer through this alone, you can consult with an experienced estate lawyer who knows how to resolve disputes…
Estate planning is a natural part of aging, and it helps protect your loved ones after you pass away. Although estate planning can be overwhelming, it is important to prioritize to ensure your beneficiaries are always covered. Unfortunately, estate planning mistakes are common, often leading to family disputes and challenges. To avoid conflict, legal battles, and a lengthy probate period,…
A trust helps you determine who receives your assets after your death, ensuring that the intended recipients are given everything you want them to have while avoiding probate and possibly lowering estate taxes. In South Dakota, there are unique laws surrounding trusts that can impact your trustees. It is important to understand these laws and plan accordingly to preserve your…
While an estate and trust seem similar, there are some key differences and it is important to understand them. What is an Estate? When a person dies, all property titled in their name at the time of their death instantly becomes owned by his or her estate. Meaning, an estate at the instant of death owns property, but no one…
An invalid Will or Trust can be contested in South Dakota. After a loved one dies and you find out you have been disinherited through that decedent’s Will or Trust, and you believe the decedent lacked capacity or was unduly influenced to sign the documents disinheriting you, you may have a right to contest that Will or Trust in court.…
Nobody likes to think about what will happen after they leave this world. But when you have dependents and loved ones, it is not something you can afford to neglect. The estate and trust planning process lets you determine how your estate will handle things after you’re gone or become medically incapacitated. In this blog post, we will determine when…
Estate law is a complicated area of law, with many variables to consider when making decisions. You might not know what you need or how much an estate lawyer will cost until it’s too late. By taking a few minutes now to learn about the different types of lawyers, and which ones are best for your needs, you can avoid…
