Estate Law & Probate
Death is not something people like to discuss. It is, however, inevitable and it is best to start planning for it now. Your will should represent your final wishes regarding the distribution and division of your estate. Working with an estate lawyer can help you create a will that will withstand legal scrutiny.
A lawyer can help you set up the type of trusts you want. If you own a business and want to separate operational control from revenue beneficiaries, a lawyer can help you do that as well.
Estate law & Probate also covers the legal issues surrounding end-of-life care. If you are ever incapacitated to the point that you cannot make decisions, you should appoint someone you know and trust to make them for you. It is important to do this now while you are still healthy and in full possession of our faculties.
A lawyer can also help you navigate the complexities and frustrations of probate court. If a loved one died without leaving a will, their assets will become intestate, which gives a judge the power to decide who gets what. It is nevertheless possible for family members to argue the intention of the deceased and to wrest control of the estate from the courts. To do so successfully, you will need a lawyer with deep insight into South Dakota probate law.