A person who’s purchasing a home in South Dakota expects sellers to disclose known issues with the homes that they’re selling. This enables the buyer to make an informed decision. Yet, the purpose of these disclosures isn’t limited to empowering a buyer to make an informed decision. They also help sellers avoid future legal disputes by helping to ensure transparency before the sale is finalized. Key disclosures required by law In South Dakota, sellers are obliged to complete a specific real estate disclosure form that covers a wide range of information about the property. This includes but isn ..read more

As people usher in the new year, it is natural to reflect on the past and contemplate resolutions for the future. While estate planning might not be at the top of your list of exciting things to do, taking a moment to review and update your estate plan is a crucial step to ensuring your and your family’s wellbeing. The beginning of the year is the perfect time to take on this important task. Reflecting on change The start of the new year often comes with personal and family changes. Perhaps you welcomed a new member to the family, celebrated a marriage, or experienced the loss of a loved one ..read more

Every estate plan includes unique terms and specific documents based on a testator’s priorities. An individual’s plan may include a variety of different documents based on their desires to support their loved ones or distribute their property a certain way, as well as their wishes for medical care and other support in the event of an emergency. Many estate plans in South Dakota only contain testamentary documents. People put together wills discussing what will happen with their property after they die or trusts so that they can leave a very structured legacy. Fewer people take the time to plan ..read more

Most of the time, probate largely focuses on reviewing someone’s last wishes and carrying them out after satisfying their obligations. However, sometimes, estate administration ends up triggering major family conflicts wherein siblings turn on one another or stepparents stop talking to stepchildren for the rest of their lives. Every probate challenge arises because of unique circumstances. However, there are certain causes that are more common than others. After all, the probate courts will only consider an estate challenge when there is a viable reason for someone to question the documents. W ..read more

You’ve scrimped and saved for a downpayment. You spent weeks or months scouting neighborhoods, getting your financial paperwork in order, checking out lenders and looking at houses. You’ve finally found the home you want, made and offer – and it was accepted. Your excitement and delight can turn to dismay, however, when the seller starts making noises about canceling deal. Can they do that? Sellers sometimes want to back out of deals for all kinds of reasons Your sellers may be trying to back out simply because nostalgia got to them and they no longer want to sell – and some may have another o ..read more

For many older adults, estate planning is as much about ensuring they leave something valuable for their loved ones as it is about protecting themselves later in life. You may have invested much personal effort in the process of selecting beneficiaries for certain assets and arranging for the smooth descent of your property. Regardless of the planning you’ve done, personal obligations can reduce how much you have to pass to the next generation, a spouse or charitable organizations after your death. Your estate will typically have to pay your debts before distributing property to your family me ..read more

Your children depend on you not just for guidance but also for protection. You provide physical protection from the elements by giving them shelter and practical protection by ensuring they have a healthy and safe environment. If anything were to happen to you, that would mean that your children would be in a very vulnerable position. You can protect them against the small possibility of some misfortune befalling you by updating your estate plan or creating one when you add children to your household. What are some of the ways your estate plan can protect your children? You could name a guardi ..read more

Guardianship exists for a reason. Sometimes, adults simply lose the ability to make good decisions on their own behalf and handle their households. They need outside support to pay their bills, make it to appointments or take their medication on time. Dementia, brain injuries or just the slow decline of aging can leave someone struggling to take care of themselves without help. Family members and professionals concerned about the mental acuity and safety of an older adult can go to court to seek guardianship over that vulnerable adult. Guardianship protects people in vulnerable positions, but ..read more

Managing the estate of a parent can be a challenge. It requires practical planning and emotional fortitude. Going through a lifetime’s worth of assets and memories can be hard for a child grieving a loss. Needing to liquidate or sell property owned by a parent can be devastating. Unfortunately, that is often what the representatives of estates must do. You have to settle the debts that your parents still had when they died. What debts will you have to pay on behalf of your parents during the probate process in South Dakota? All private debts can lead to claims against the estate Even if there ..read more

Real estate law in South Dakota requires a formal lawsuit to be made when contesting a title. Property titles declare the owners of assets such as cars, diamonds, or antiques. The title represents an object that’s either tangible, intangible, or usable like real estate. Clarifying the ownership of property is difficult at times, so approaching a lawsuit to contest a title requires some forethought. Quiet-action suits happen in order to present a court with a case against a title. Here’s what the lawsuit achieves. Declares ownership of property What appears on a title and what was intended migh ..read more