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Sioux Falls, South Dakota Legal Blog

Parental relocation requirements in South Dakota

After your divorce in Sioux Falls becomes final comes that challenge of successfully co-parenting with your now ex-spouse. It may be difficult at first, but over time you, your ex-spouse and your children will likely adjust to the new situation. Yet your own personal life is sure to go on, and with that may come the opportunity (or the need) to relocated. Moving away with your kids can certainly place strain on your co-parenting efforts. For this reason, many in your same situation have come to us here at The Krause Law Firm PC wondering what legal requirements need to be followed in order for the court to endorse such a move. 

Per Section 25-4A-17 of South Dakota's Codified Laws, you must provide notice to both your ex-spouse and the court having jurisdiction over your child custody case at least 45 days prior to any intended relocation. If your move is unexpected and your must relocate sooner than that (e.g. you are transferred by your employer to a new location), then the court may waive that time requirement if you are able to provide proof of the uniqueness of your situation. 

Peaceful resolution reached in Kelsey Grammer's custody dispute

For many in Sioux Falls, the completion of their divorce proceedings marks the end of their associations with their ex-spouses. Yet in reality, those relationships will often continue (albeit in a different form). In fact, a divorced couple may continue to be linked to each other for years if they share children together. That bond not only requires that they continue to associate with each other, but also that they work together in the parenting of their kids. In many cases, co-parenting can be done successfully, yet in others, the bitterness stemming from a divorce can continue to manifest itself through constant child custody and support disputes. 

The case of actor Kelsey Grammer serves as an example of this. Grammer and his ex-wife divorced in 2010, yet the couple has continued to battle in the years since over the parenting of their two children. Their disputes have been bad enough that their kids recognize that they two do not speak to each other. Yet recent events could signal a change in their co-parenting struggles. The couple was recently able to avoid court and amicably resolve the issue of their daughter's private schooling, with the two agreeing to split the cost of her tuition equally while Grammer will cover all remaining school-related expenses himself. 

How can you divide your 401k in your divorce?

As you prepare for the commencement of your divorce proceedings in Sioux Falls, you are likely already taking a mental inventory of the many marital assets that will need to be addressed during the property division portion of your case. Yet if you are like most, then there is a good chance you forgot to include one significant asset: your 401k account. As the contributions made to such an account during your marriage most likely were taken from your income (and any income that you earn while married is a marital asset), the said contributions are also subject to equitable division

So exactly how are you to divide up your 401k with your ex-spouse? Typically, the court hearing your case will issue a Qualified Domestic Relations Order. This order authorizes the company administering a retirement account to make payments to an alternate payee (which, in this case, would be your ex-spouse). They can then roll whatever portion of your contributions they receive into their own retirement account without either you or them being assessed an early withdrawal penalty. With a QDRO in place, your ex-spouse can also technically cash out their portion right now without incurring a penalty, but then they lose out on the potential the funds have of generating income if they are left untouched until retirement. 

What are the duties of a personal representative?

If you are serving as the personal representative of a loved one’s estate, you could have been selected in one of two ways. If your loved one made a legally valid will, he or she may have chosen you to manage his or her final affairs. If there is no will, a court may have appointed you.

Whether your loved one or a court appointed you, serving as a personal representative can be a great honor. However, it can also be time-consuming and involve a lot of work.

Intestate succession in South Carolina

Sioux Falls residents are encouraged to begin the process of planning the dispersal of their estates relatively early in their adult lives. Yet despite the best efforts of estate planning experts, many American adults do not have a will (indeed, information compiled by Gallup shows that only 44 percent actually have such a document). The reasons why so many adults put off estate planning is unknown; the consequences of such inaction, however, are not. This may come as a surprise to some (who may believe that their beneficiaries are allowed to determine the distribution of their assets if no will exists providing such stipulations). In fact, state law is what dictates how intestate estates are dispersed. 

Intestate is the legal term used to describe estates that are not governed by a will. South Dakota’s intestate succession guidelines can be found in Section 29A-2-102 if the state’s Codified Laws. Here, it says that the surviving spouse of one who dies intestate inherits the entirety of the estate if the decedent had no surviving descendants (or, if they did, the surviving descendants are also the descendants of the surviving spouse). If one left behind descendants that were not also the lineal descendants of their surviving spouse, the spouse would then inherit the first $100,000 of the estate. Intestate succession guidelines then dictate that remaining amount be divided equally between the surviving spouse and the descendants. 

How can I identify a potentially bad client?

Whether you're a writer or graphic designer, one of the best aspects of freelancing is that you get to choose projects at your own discretion. This can land you in trouble, however, as not all clients are worth your time. In fact, some clients may even cause more problems than they're worth, which can lead to issues with invoicing or claims that you didn't live up to the terms of your contract. To protect you and your business, Forbes offers the following tips on how to spot a bad client, and what to do you if you find yourself in a dispute. 

Unfortunately, some clients will do anything to avoid an invoice. They may claim work wasn't done to their satisfaction, or simply put off responding to your repeated appeals for payment. Others might simply forget to remit payment for services rendered, which isn't nefarious but still aggravating. You can sidestep payment issues by asking for a portion of the payment in advance. From there, you and the client can establish payment milestones. If a client is reluctant to agree to this pricing model, you can choose to walk away without any real loss. 

Benefits of mediation in commercial real estate disputes

Whether due to a lease disagreement, breach of contract or other conflict, commercial real estate buyers, sellers, developers and more may find themselves facing a dispute. When you are unable to reach a solution, you may fear the daunting process of litigation.

However, South Dakota commercial real estate disputes can often benefit from a resolution through mediation. Mediation is an alternative dispute resolution (ADR) method, in which both parties and a neutral mediator attempt to come to an agreeable solution.

Dynasty trusts protect assets for future generations

Drawing up a will is an essential step for South Dakota residents who wish to protect assets for their family. However, depending on your particular needs, a will alone may not be enough. At The Krause Law Firm, P.C., we often assist clients with estate planning, including wills, advance directives and trusts.

According to Anderson Advisors, a dynasty trust can protect your assets from a variety of situations while passing your wealth to your descendants. Also known as a family trust, it differs from other estate planning tools as it lasts longer. This generation-skipping trust can remain in place for several decades. You can also limit how your descendants access the assets it contains.

Why are health care directives important?

Usually, when you seek medical care your doctor will explain your treatment options to you and you will choose the option you want to try. However, there may come a time when you are unable to understand your treatment options or unable to express your wishes. This could occur gradually as you age or become ill. It could also happen suddenly as a result of an accident.

Because there is no way to know what your future might hold, it is prudent to act early to make your wishes for or against certain treatments known. Health care directives are legal documents that allow you to do just that.

How are businesses valued when being sold?

Even if you don't plan on selling your business any time soon, it still helps to know its value. When retirement finally comes, you want to ensure you're getting the best value for your business's worth. There are actually three different valuation methods you can use, each of which may uncover some illuminating information. The Balance explains the different ways that a business's value can be determined. 

Earning value

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