South Dakota Q&A by Practice Area

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South Dakota Questions & Answers
1 Answer | Asked in Real Estate Law for South Dakota on
Q: In Southdakota wthere are multiple owners listed on real-estate and one dies,Does the property have to go through probat
Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

You will need to hire a competent SD attorney to search the title and determine ownership first. Then decide if Probate is needed.

2 Answers | Asked in Copyright and Intellectual Property for South Dakota on
Q: Is it legally permissible to use text from a public domain book for commercial purposes?

I would like to use the text from a public domain book and print it onto fabric for a project I'm working on. Initially this was to be a personal project, but I'm considering the possibility of using the design for commercial purposes in the future and want to know if it is legal to use... Read more »

Steve Charles Vondran
PREMIUM
Steve Charles Vondran PRO label
answered on Jan 11, 2023

In the United States, copyright law provides authors and other creators of original works with exclusive rights to their creations. Copyright protection prevents others from reproducing, distributing, or displaying copyrighted works without the permission of the copyright holder. This is an... Read more »

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2 Answers | Asked in Copyright and Intellectual Property for South Dakota on
Q: Is it legally permissible to use text from a public domain book for commercial purposes?

I would like to use the text from a public domain book and print it onto fabric for a project I'm working on. Initially this was to be a personal project, but I'm considering the possibility of using the design for commercial purposes in the future and want to know if it is legal to use... Read more »

Erik Špila
Erik Špila
answered on Jan 11, 2023

Yes, it should be legal in majority of countries if text is in public domain. Good luck with your project.

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1 Answer | Asked in Personal Injury, Civil Rights, Public Benefits and Small Claims for South Dakota on
Q: Looking for a lawyer that takes pro Bono cases

Will tell if I can find a lawyer who takes pro Bono cases.

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. You could go online and look up pro bono attorneys and legal aid attorneys. Personal injury, which is one of your chosen categories, is usually not handled pro bono. However, law firms typically handle such... Read more »

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Education Law for South Dakota on
Q: Do educational due process complaints that go to federal court become news?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. It all depends on how important the matter is. They could become news in terms of the case being available online through PACER or other indexing system. Federal agencies also maintain press releases on their... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for South Dakota on
Q: If I got into a car accident that wasn’t my fault and got a no insurance ticket, but now have my own car with insurance

I only got a no insurance ticket for my parents car, but now have my own car with insurance. No other tickets were given to me. What should I do?

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2022

A South Dakota attorney could advise best, but your question remains for two weeks. In terms of your question on what you should do, there are a number of issues to sort out here. I hope no one was injured here, but if you were, reach out to attorneys to discuss your options there. Without... Read more »

1 Answer | Asked in Arbitration / Mediation Law for South Dakota on
Q: Am I still bound by an arbitration clause if the author of the contract is the one in breech of said contract?

Service contract includes an arbitration clause, and states I must seek arbitration in South Dakota. The author is the one in breech of said contract and I live in California.

David H. Relkin
David H. Relkin
answered on Jul 25, 2022

You are asking a very common question. The question ordinarily comes up in the context of fraud, and not breach of contract. For instance, if the contract was fraudulent, is one bound by the terms of the contract, including the arbitration provision? While many believe that a contract induced by... Read more »

1 Answer | Asked in Gov & Administrative Law and Municipal Law for South Dakota on
Q: Does South Dakota have any hours in which operation of a PWC (Jet-Ski) is prohibited / requires additional requirements?

Are there any hours or times in SD in which operation of a Jet-Ski is prohibited, or certain things are required (ex. headlights, additional licensing, etc...)?

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. Only a local attorney familiar with your state's regulations could advise here, but nationwide, there are safety courses, programs, and other online resources with information on the operation of personal... Read more »

1 Answer | Asked in Car Accidents for South Dakota on
Q: How would I go about a lawsuit ? and How would we use a lawyer

My wife was parked in Colorado at a gas station and a driver backed hard into her then drove off. There were cameras and cops were called, but she lives in South Dakota since we are military and We are confused on how this process works.

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2022

A Colorado attorney could probably advise best, but your question remains open for a week. I'm sorry about your wife's accident; I hope she is okay. If she was injured, she could reach out to Colorado attorneys to discuss. Free initial consults are the norm in the industry. You could... Read more »

1 Answer | Asked in Bankruptcy for South Dakota on
Q: How do you find out where to send a bill( they owe us money) to when someone filed bankruptcy chapter 12
Timothy Denison
Timothy Denison
answered on May 4, 2022

You’ll need to contact the Court and find out who the trustee is administering the case.

1 Answer | Asked in Banking for South Dakota on
Q: I am in the middle of a dispute attorney in Switzerland said I was a relative of her late client

I already got a hold of bank and another lawyer about this I have till may5th to figure out what I was doing this was her idea but she cant come up with the fees for the lawyer over there they dont know about her so to say what should I do or what can it do

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. It isn't fully clear from the description what is going on here, but please be careful if you are being asked for legal fees or banking information. No one can say whether this involves a genuine matter or... Read more »

1 Answer | Asked in Health Care Law for South Dakota on
Q: If a hospital didn't bill my insurence and sold that bill to a debt collector what do I do

I've been contacted by debt collectors twice now. The first time I believed it was taken care of. I had Medicare and was 17 at the time

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. I can't speak for state-specific law, but in general, hospitals can do that. Creditors sometimes buy these accounts in bulk. It's difficult to advise meaningfully without seeing your file. An attorney... Read more »

1 Answer | Asked in Appeals / Appellate Law for South Dakota on
Q: how do I look up a civil case. The case number is 08 civ 05000011
Tim Akpinar
Tim Akpinar
answered on Mar 3, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. Your state has a website called - South Dakota Legal Self-Help -

This is how they describe their resources...

South Dakota has a statewide record search program. CRIMINAL cases are available,...
Read more »

1 Answer | Asked in Family Law and Probate for South Dakota on
Q: I lived with my boyfriend for 10 years. He died in July. Can his father take all his belongings from me?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 9, 2021

Unless your boyfriend had a will leaving his estate to you, it goes to his next of kin. This is why it is SO important for a single person to have an estate plan.

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Civil Rights for South Dakota on
Q: We live in a 3 bed 3 bath apartment in vermillion SD. Another roommate and I have ESAS(2catts). No pets allowed complex

Landlords can't charge for ESA. In the contract it states if there's damages at the end of the year we pay for pee test(black light), carpet cleaning, and ventilation system cleaning. It's a really expensive bill. Our landlords are a wife and husband. They're shady and... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2021

A South Dakota attorney should advise, but your question remains open for four weeks. You could try reposting and adding Landlord-Tenant as a category. There's no guarantee that all questions are ultimately picked up, but you might have better chances of a reply in that category. You could... Read more »

1 Answer | Asked in Trademark for South Dakota on
Q: if the description of mark involves font, the words printed in a different font aren't trademarked correct?
Linda Liang
Linda Liang
answered on Sep 8, 2021

You still have the trademark right because, if others use different font but the same words, on a similar product or service, consumers may be led to think that the product or service is from you, hence it will be trademark infringement.

1 Answer | Asked in Products Liability for South Dakota on
Q: My brother (parents are deceased), age 62, has downs downs syndrome and dimentia.

He accidentally, per coroners report, injested part of a Tide Pod. This was the primary cause of death. Is this a case to submit to a Class Action lawsuit and, if so, how does one proceed.

Thanks

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2021

I'm very sorry for the loss of your brother. A South Dakota attorney could advise best, but your question remains open for three weeks. The best way to answer your question could be to reach out to law firms that are affiliated with the lawsuits. I don't know what the current disposition... Read more »

1 Answer | Asked in Small Claims for South Dakota on
Q: I have a question about handling small claims lawsuit regarding a medical bill

Over 5 years ago I sent a letter of dispute to a collection agency on the amount owed and showed proof of the amount I owed. The agency did not respond for 3 months. Then I was called about paying it in which I stated they did not contact me in 30 days and that I proved what I owed and was will to... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2021

A South Dakota attorney could advise best, but your post remains open for two weeks, and time is of the essence in your actions. One possibility is that the first agency contacted your attorney and was not able to come to an agreement, or another possibility is that they did not contact your... Read more »

1 Answer | Asked in Estate Planning and Probate for South Dakota on
Q: What is the legal way to replace a trustee of an irrecoverable trust after the former trustee has passed
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 10, 2021

When an initial trustee passes, the successor trustee who is next in line automatically succeeds to the role. If there is no successor trustee, then look to see if the trust has a trust protector who can appoint someone to fill the role. Or sometimes the trust allows the income beneficiaries or... Read more »

2 Answers | Asked in Personal Injury for South Dakota on
Q: In South Dakota, does the law provide for on option for medical leins to be waived or barred?
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2021

A South Dakota attorney could advise best, but your question remains open for two weeks. As a GENERAL matter nationwide, medical liens are not waived by operation of law. They COULD be waived at the discretion of the lienholder. For public agency liens such as Medicaid liens related to treatment in... Read more »

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