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South Dakota Questions & Answers
1 Answer | Asked in Uncategorized 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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1 Answer | Asked in Real Estate Law and Probate for South Dakota on
Q: Our Seller died 5 days before closing. No children, no will, only a brother and step brother. How can we Close?

We found out 3 days prior to closing that she passed that last Sunday. What are our next steps to being able to close on our new house? No children on her side and no husband either. Thank you

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 11, 2021

You will need to make a claim against the estate to complete the contract. If nobody opens a probate in a timely fashion, you can hire an attorney to open one yourself. You should talk to a probate attorney right away as this all takes some time and will, unfortunately, delay your closing, so the... Read more »

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...
Read more »

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
PREMIUM
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?

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