South Dakota Q&A by Practice Area


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  • Nursing Home Abuse
  • Patents (Intellectual Property)
  • Probate
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  • Securities Law
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  • Small Claims
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  • Uncategorized
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South Dakota Questions & Answers

1 Answer | Asked in Real Estate Law and Tax Law for South Dakota on

Q: I intend to pay off mortgage on my son's house to prevent mortgage svc company from foreclosing and losing his equity.

Then I want him to sell me the house to me for $1. Problems

Is there a tax problem based on the real value of the property?

Vincent Gallo answered on Sep 19, 2017

Not if everything goes through as planned.

1 Answer | Asked in Estate Planning for South Dakota on

Q: Man's net worth is 375,000 and he resides in SD. Dies, no will, left wife & 2 minor children& 25yr old child w/ diff mom

Kenneth V Zichi answered on Aug 1, 2017

Still potentially too complex to state for sure. Does his net worth include assets in joint name or with beneficiaries, etc.

http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=29A-2

will answer your question, but you're going to have to dig...
Read more »

1 Answer | Asked in Probate for South Dakota on

Q: Dan has 28yr old son with diff person other than w/ his spouse Jan with their 2 minor children. No will. Who inherits?

Dan has a business. Does the 28 year have any right to it?

Kenneth V Zichi answered on Aug 1, 2017

All of the above potentially. It depends on how much value there is in Probate and who else might be owed money.

The laws of intestacy in the state where "Dan" lived will govern, and most states provide spouse and minor children are first in line, but if there are LEGAL children who are...
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1 Answer | Asked in Bankruptcy for South Dakota on

Q: My lawyer retired without finishing my bankruptcy case. How do I get a hold of a certified copy of the dismissal form?

I live in Worthing, SD but I filed it before I moved from Spearfish, SD. I was told to mail the application for bankruptcy release to the Clerk of Courts in Lawrence County in Deadwood, SD. The said to complete it I need to have a certified copy of my bankruptcy dismissal. The employee will not... Read more »

Ray Choudhry answered on Apr 30, 2017

Your question doesn't make sense. Once a lawyer files your bankruptcy case, he is stuck with you until he officially withdraws from the case or the case is dismissed or discharged.

He can't just retire and walk away.

Anyway, assuming your case is dismissed, you need to contact the...
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1 Answer | Asked in Criminal Law for South Dakota on

Q: pictures where taken with consent why else could they charge a person with this

persons were in 6 year relationship and have recently split and female is false reporting

Paul Stanko answered on Nov 5, 2016

What is your question?

1 Answer | Asked in Immigration Law for South Dakota on

Q: Hello, Can I file for green card together with my wife who is now working under TPS status? Thanks

So, my immigration status is F1-opt and working with an opt-EAD. My wife who came to US on F2 visa now is working under TPS-EAD. I also have TPS but not the EAD. Now, I applying for green card under EB2-NIW. My question is can I apply the green card filing together?

Shan Dimitris Potts answered on Aug 3, 2016

You can not apply for a green card for your wife when you do not have one, you did mention you are applying under EB2 but there is no guarantee that your petition might be approved. You can only apply after yours gets approved.

All the best.

-Shan Potts

Like our facebook...
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1 Answer | Asked in Personal Injury for South Dakota on

Q: Can you sue a person who is aware they are infected with a STD and they knowingly or intentionally infect multiple peopl

This lady has been aware for years that she's had herpes simplex virus and as of today she has infected over 10 people

Adam Studnicki answered on Dec 28, 2015

Definitely worth having a personal injury lawyer look at the case. There may be a viable claim.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Products Liability for South Dakota on

Q: If i build a drift trike at home and then sell it saying i built it at home, am i liable for any injuries they may have?

Hey there,

I'm 16 and thinking about building a professional quality drift trike (http://sfdindustries.com/products/Big-Wheels) similar to the one there.

I was wondering that if after a few months of me having some fun on it i would be able to sell it without being sued if someone... Read more »

Adam Studnicki answered on Dec 28, 2015

Anyone can sue for anything, but doesn't mean they will win. More info is needed to answer in detail

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
Read more »

1 Answer | Asked in Car Accidents for South Dakota on

Q: Do I need to pay for days downtime to repair car wash I damaged?

I damaged a carwash and being sued $1500 material & labor, but $3500 for missed revenue. Can I argue not paying the missed revenue?

Adam Studnicki answered on Nov 13, 2015

Turn it over to your insurance company.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
Read more »

1 Answer | Asked in Criminal Law and Native American Law for South Dakota on

Q: I was wondering if there is anything I can do to get my felony drug conviction reduced. I have finished my sentence

I was convicted of possession with intent to distribute while I was going to college in Albuquerque NM. The school I was going to was a Federal Native American College. The security guard said he stopped me because "smoke was rolling out of my windows" when I was pulling on to the campus. This... Read more »

Robert Jason De Groot answered on Nov 2, 2015

Probably not at this stage. Perhaps you should have a full discussion with a post conviction relief attorney in Albequerque

1 Answer | Asked in Consumer Law for South Dakota on

Q: how are sealed bids received and filed to make sure they do not pass the deadline

If a Sealed bid was not marked in any manner noting the time and date it was received is that considered a legitimet bid when it comes time to open the sealed bids

Robert Jason De Groot answered on Oct 27, 2015

Doesn't the bid have a date on it? That would be a big mistake, eh?

1 Answer | Asked in Constitutional Law for South Dakota on

Q: What are the steps for filing an appeal with supreme court

Robert Jason De Groot answered on Oct 20, 2015

File a notice of appeal, designate a record for the appeal, prepare an initial brief, most likely.

1 Answer | Asked in Criminal Law for South Dakota on

Q: I am 17 on A CHINS petition. what are the requirements for it to be void in south dakota

Robert Jason De Groot answered on Oct 18, 2015

You asked this in the criminal law forum. It is not a basic legal question, but one that requires research. Go see a local attorney.

1 Answer | Asked in Criminal Law for South Dakota on

Q: An attorney was requested before agents conducted an interview by the suspect but wasn't allowed and is this a violation

Suspect was pleaded out in return for states evidence and no jail time on counsels' advice but nothing became of it, did do 4month and 3yr probation plus restitution 5,000 is this a violation of right to counsel?

Robert Jason De Groot answered on Oct 13, 2015

It is probably too late to complain about this now. But go see a local criminal defense attorney to have a full discussion and figure out what options you might have.

1 Answer | Asked in Criminal Law for South Dakota on

Q: Is there a lawful Reminds office in Sioux falls that could look at un lawful indictments

Husband is in South Dakota state penitentiary who needs help with this case

Robert Jason De Groot answered on Aug 26, 2015

What is a lawful Reminds office? You probably need to go see a criminal defense attorney about this.

1 Answer | Asked in Criminal Law for South Dakota on

Q: Has any wife been convicted in South Dakota of raping her husband?

Has any wife been convicted in South Dakota of raping her husband? My friend is wondering if this has happened as it would give him a good idea of whether to tell his divorce attorney of how his wife keeps sneaking into the house and trying to rape him while he's sleeping.

Robert Jason De Groot answered on Aug 25, 2015

Your question requires legal research to answer. He should be willing to tell his attorney about it whether any wife has been convicted or not. Why is it that you are asking instead of him?

1 Answer | Asked in Criminal Law for South Dakota on

Q: what is considered an unlawful condition of a parole officer with regards to a parolee

a no contact order has been implimented via the parole offficer (can have 3rd party contact and it is not court ordered) the individual was found at our residence 9 days after missing a pbt and now has to take up lodging at a location other than our home.

Robert Jason De Groot answered on Aug 24, 2015

You are not going to get a list of things that a parole officer cannot do here. That would require a lot of research, it is not just a basic legal question. Hire an attorney for this.

1 Answer | Asked in Bankruptcy for South Dakota on

Q: I am required to make a payment with a chapter 7 bankruptcy. I recently lost my job. What are my options.

The payment I receive from a business sale is $1250. I must pay $812.50 to the court. I'm looking for a way I can keep my entire payment until I can get back to work.

Robert Jason De Groot answered on Aug 11, 2015

Speak with your attorney about this. If you do not have one, then you need to go see one about this.

1 Answer | Asked in Legal Malpractice for South Dakota on

Q: when a lawyer is working on a estate and finds legal malpractice by other lawyer does he responabilities to the client t

Adam Studnicki answered on Jul 18, 2015

The question got cut off, so not sure what you're asking. Generally speaking, if a lawyer spots legal malpractice by another lawyer, then, depending on the circumstances, he might have to let the client know.

1 Answer | Asked in Contracts for South Dakota on

Q: What U.S. law/case can I look into about the validity of verbal agreements?

Adam Studnicki answered on Jul 14, 2015

As a start, you can look up the "statute of frauds" for your particular state. Talk to a local business or contracts lawyer about your specific situation.

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