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1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for South Dakota on
Q: Do I have Grounds to sue

So I went to the nursing home where my grandma was staying cause my mom got a call from the hospital saying my grandma was in the hospital and she needed her c-pap machine so I drove to Mitchell SD and got to firesteel and they told me they couldn't find it that her room was empty and that... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

A South Dakota attorney could answer best, but your question remains open for two weeks. Some things aren't fully clear from the description, but the bottom line seems to be that you had a real ordeal and runaround in trying to arrange an oxygen machine for your grandmother, and to compound... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for South Dakota on
Q: Daughter cited for failure to yield. Other driver cited for invalid license for 2nd time. He hit her. Whose at fault

My daughters view was obstructed by vehicles parked illegally at intersection. She slowly proceeded into intersection for a clear view to her right. Didn't see vehicle so continued thru and got t-boned by driver heading west. She was heading north and was nearly thru before getting hit. Both... Read more »

Tyler Young
Tyler Young answered on Jul 31, 2020

Your question is a classic comparative fault question. First, your daughter who was the passenger may have a claim against her sister (collectable from her liability insurance) and the other driver. You should talk with an attorney about her rights.

However, South Dakota has a difficult...
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1 Answer | Asked in Car Accidents for South Dakota on
Q: I recently got into an accident with another car trying to switch lanes at an intersection. The cop wrote me citation

For Improper lane change (m2) but with a $0.00 charge but with the fact that I have to show up in court. Do I have to be worried about time in jail or a misdemeanor? I was checking my lanes and didn’t see the other car anywhere before trying to switch lanes.

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

A South Dakota attorney would be able to respond in the best manner. As a general matter in virtually all jurisdictions, minor traffic violations are not treated as criminal offenses. If you haven't already by now, see if a South Dakota traffic ticket attorney would offer you a free initial... Read more »

1 Answer | Asked in Estate Planning for South Dakota on
Q: Can unadopted stepchildren be listed as beneficiaries in a will as "my children"?

I came to the marriage with 2 children. We had 2 more. My husband wants them to be equal beneficiaries, but the online will we used just says "References in the Will to my "children" shall refer to all children of mine whether born or adopted subsequent to the date of this will.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 24, 2020

Yes, this can be done. An estate planning attorney can help you do this correctly. Online forms are very limited in what they can accomplish.

1 Answer | Asked in Car Accidents for South Dakota on
Q: The apt complex where I live didn't have the snow plowed & they usually do & my car caught on fire trying to get it out.

Would they be liable for anything?

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

A fire would not be a forseeable event. If you have collision run it through that and let the insurance go after that. However your lease ususally says that ploughing is on them, and if you can make a case that the fire was somehow due to their not ploughing it, make a claim for it..

1 Answer | Asked in Tax Law for South Dakota on
Q: If I havent been served papers do I still get my tax return back?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 9, 2020

This question makes no sense. Try again?

1 Answer | Asked in Criminal Law and Probate for South Dakota on
Q: I’m on felony probation an this last year my dad committed sucide an I lost it my mind didn’t show up for po meeting an

She put warrants out for my original charges if I explain to judge what happen is it possible not to go to prison on a motion to revoke

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

You can't get the warrant withdrawn all by yourself. Call you attorney and approach in court with him to explain yourself. Expect to be drug and alcohol tested, so be clean. Also bring a death certificate and maybe the funeral information for the Judge. Sorry for your loss.

1 Answer | Asked in Business Law for South Dakota on
Q: where was the court cases (17-1717) held? What were the names on the Jury that voted 7-2 decision?

I am writing a research paper on this case.

Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

It looks like it might be a Supreme Court case. Look it up and you should see the names of the justices (don't call them jurors in the paper you submit to your professor - you mention a jury that voted in a 7-2 decision; those are justices, not jurors. Court decisions don't list jurors).... Read more »

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


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... 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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