South Dakota Q&A by Practice Area

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South Dakota Questions & Answers
1 Answer | Asked in Probate for South Dakota on
Q: Are there separate probates for dual citizens?

My father was born in Norway. He later moved to the South Dakota and acquired dual citizenship. He died in South Dakota in 2012. His probate has been finalized since then. Not sure how or if that correlates with Norway? We have a mess to deal with as he still has we found out he still has real... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 11, 2019

A probate needs to be opened in every jurisdiction in which the decedent owned property. The jurisdiction where the decedent lived just before he passed away is the main probate and the others are called ancillary probate. That is one reason why trust based estate planning is superior to Will based... Read more »

1 Answer | Asked in Probate for South Dakota on
Q: My fiance father died without a will a spouse we can't contact and a pending lawsuit

He is his only surviving son and has been cooperating with the attorneys whom contacted him about the lawsuit and has done everything the attorneys has asked him to do the lawyers need medical records what can my husband do to get control of his father's estate we live in new Mexico

Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2019

Hire a probate attorney where his father lived.

1 Answer | Asked in Civil Rights for South Dakota on
Q: HOA past and present board members and their families and friends, can they do these things to their neighbors?

Can a HOA board member put dog poop on your door step? Can a HOA board member have get togethers next door and allow their children and friends in your yard, driveway and behind your garage whenever you are gone? Can a HOA board members husband dig underground dog fence and its dug on your property... Read more »

Gary Kollin
Gary Kollin answered on Sep 4, 2019

People CAN do lots of things. It does not mean it that it is right, permissible or legal

There may be law violations like trespassing. You may be able to seek injunctive relief.

There may be other causes of actions.

Consult an attorney directly

1 Answer | Asked in Bankruptcy for South Dakota on
Q: Can a bankruptcy trustee force me to sell or refinance my house in order to satisfy my separated wife’s creditors?

Spouse and I are physically separated but legally married. We share custody of two minor children. She lives in a rented apartment and I remain in the house we purchased jointly - the house where my children spend the majority of their days and nights. She just informed me of her intent to file for... Read more »

Timothy Denison
Timothy Denison answered on Aug 4, 2019

Depends on the equity in the house and how much you can protect with your exemption(s). Many more facts are needed to properly answer this question, but above us the short answer.

1 Answer | Asked in Civil Rights for South Dakota on
Q: While intercalated, policies weren’t followed. How do you know when there is a law suit? Ex: placed in a cell with feces

And urine on the floor. Not permitted to shower or have change of bedding. Threats of medical procedures without consent.

Gary Kollin
Gary Kollin answered on Aug 2, 2019

What is intercalated?

2 Answers | Asked in Criminal Law, Employment Discrimination and Sexual Harassment for South Dakota on
Q: My coworker who drinks on the job strangel me with his hands

Said all natives and forineners should die

Gary Kollin
Gary Kollin answered on Jul 21, 2019

Thank you for sharing.

Hope you reported it to the police and your employer

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1 Answer | Asked in Consumer Law for South Dakota on
Q: Bought a timeshare from a realtor. Just wondering how long does the law allow for it to be transferred to me.

Realtor is in Florida and the closing company is in Arizona.

Michael Hales
Michael Hales answered on Jun 27, 2019

This is an interesting question and I feel like I need a lot more information to really answer. To be honest, this sounds like a very typical scam that I deal with all too often. If you have questions about this transaction and want to discuss, I'd be happy to. You can also access an article I... Read more »

2 Answers | Asked in Bankruptcy for South Dakota on
Q: how does my fiancé go about filing for bankruptcy while in prison?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

This will be difficult to do, but it can be done--if you help your fiancé by retaining a bankruptcy lawyer for her. They will take it from there.

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1 Answer | Asked in Sexual Harassment for South Dakota on
Q: I was sexually harassed by employee at gas station. He didn’t touch me. Made verbal comments. Wondering what I can do

Verb

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

None of the facts alleged rise to the level of sexual harassment. You should consider complaining about the rude salesclerk to his bosses.

2 Answers | Asked in Bankruptcy for South Dakota on
Q: If my Boyfriend files Bankruptcy and I was on a loan he had do I have to file too?
Cristina M. Lipan
Cristina M. Lipan answered on Apr 25, 2019

If you are a personal guarantor, you remain obligated to pay the loan even if your boyfriend files bankruptcy. You aren't required to file bankruptcy too, but you remain responsible for paying that debt.

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1 Answer | Asked in Immigration Law for South Dakota on
Q: Help! I forgot to fill out a part on the I-130 petition for my husband

I filled out the application completely and re-read multiples times before mailing the package last week. But I just looked at the pdf application for form I-130 and I might have forgotten to fill out a part. It's part 4, Item 46a; "He or She arrived as a (class of admission): ... We are filling... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 21, 2019

Did you also fill out an I-130a? Errors on these applications can lead to delay or denial. That is why it is best to consult with an experienced immigration attorney prior to filing.

2 Answers | Asked in Bankruptcy for South Dakota on
Q: How do I find a Bankruptcy lawyer in Sioux Falls, SD that can file for an Iowa bankruptcy?

I have moved to Sioux Falls after my Sole-Proprietor business in Iowa failed due to health issues.

Stuart Nachbar
Stuart Nachbar answered on Feb 11, 2019

As long as you have been in Sioux Falls for 6 months (180 days), you can file in your current state, otherwise, you have to file where the business was. As a sole proprietor your business goes where you are

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1 Answer | Asked in Personal Injury for South Dakota on
Q: What type of attorney handles disability discrimination/defamation/possible harassment suit against a university

My son attended and played football for a SD University until recently. In March of 2018 he began having problems with his disability, and in turn, issues with the head football coach. I contacted his coach during this time to inform him of the disability. Soon after our conversation the head coach... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 12, 2018

You would look for a disability rights attorney; check the South Dakota Assn for Justice--they can tell you who in your general area handles those cases, and their members give free consults.

1 Answer | Asked in Bankruptcy and Contracts for South Dakota on
Q: What kind of lawyer would I need because the person that leases farm land hasn't paid rent and has filed chapter 11
Timothy Denison
Timothy Denison answered on Jul 10, 2018

Bankruptcy attorney who does creditors rights and Chapter 11.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for South Dakota on
Q: travel abroad LPR, misdemeanor for simple possession of 2 oz or less marijuana, 1yr max sentence, inadmissible?

Hello, I am LPR, I am currently a student, I have a misdemeanor for simple possession of 2 oz or less marijuana(Jan 2016), max sentence is 1 year in SD. I received suspended imposition of sentence with no probation. This is my first offense, there is no offense ever since as well. I want to visit... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 12, 2018

Yes. The maximum amount you can possess is 30 grams, and 2oz is closer to 50 grams. If you leave you will likely have trouble returning to the US.

1 Answer | Asked in Car Accidents for South Dakota on
Q: I was involved in a charter bus crash. What legal rights do the bus and insurance companys have to withhold my property.

About 2 weeks ago I was a passenger on a charter bus accident that resulted in a fatality of the driver who hit us. The bus company would not allow us to remove of luggage from beneath the bus. It has now been 2 weeks and I have still not gotten back my luggage. The state patrol has told me that... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 4, 2018

No. Contact a member of the SDak Assn for Justice --they give free consults.

1 Answer | Asked in Traffic Tickets for South Dakota on
Q: I have a residence in Mn. I have a car and insurance and license in Mn. My question is this.

I live in South Dakota most of the time but my vehicle remains here and I insure it through Mn. Is there a problem with this, because I do plan on getting a sd license but the car will remain in mn.

Peter N. Munsing
Peter N. Munsing answered on Dec 21, 2017

If you regularly drive it to South Dakota that should be noted. However if it's only used in Mn, is kept there, I don't see a problem.

1 Answer | Asked in Trademark for South Dakota on
Q: We are strictly a local business in SD, and we want to trademark "Handcrafted In the Name of Beer" but "In the Name of..

Beer" is already trademarked by a company in FL, who only does business in FL. Could we trademark ours and be safe? Would we legally have issues or is this allowed?

Benton R Patterson III
Benton R Patterson III answered on Nov 17, 2017

You may be able to register a state level trademark, assuming the other company has a state level trademark and not a national level trademark. It is also possible that there may be an error in the other company's trademark filing or that you have superior rights to the mark based on prior use. I... Read more »

1 Answer | Asked in Trademark for South Dakota on
Q: We are wanting to trademark a slogan for our company, "Handcrafted In the Name of Beer" but "In the Name of Beer"

Please remove Q&A.

Karima Gulick
Karima Gulick answered on Nov 16, 2017

This would most likely lead someone to confusion between the marks and as such, you should probably find a different name.

As always, please read the disclaimers below.

1 Answer | Asked in Car Accidents and Insurance Defense for South Dakota on
Q: Who pays insurance claim for a minor that was in an accident?What happens when the minor becomes 18 & claim isn't paid 4

My parents are refusing to pay for a insurance claim on an accident I was in last year. I caused the accident, I was riding my bicycle and hit a car. The insurance company is asking for money. The letters they send are being addressed to "The Parents of "Minors Name"". My parents just told me that... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 9, 2017

The parents are technically responsible.You may want to pay it if you can. Start by figuring what the bill was (I'm assuming you are at fault because you say so). If you pay you want a release of all claims.

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