Estate Planning in Sioux Falls
Many people believe that having an estate plan is only for the wealthiest of individuals. The fact of the matter is everyone can benefit from creating an estate plan. Leaving behind a comprehensive and personalized estate plan can be one of the best gifts you leave your family to help give your loved one’s guidance and avoid unintended financial and emotional consequences.
Our goal as your estate planning lawyer is to provide personalized guidance in understanding all the different estate planning tools available, like a Will or Trust, to create an estate plan that works best for you. Our Sioux Falls estate planning attorney takes an individualized approach because we understand every client’s situation is unique.
Estate Planning Services:
Sioux Falls Estate Planning Attorneys: Providing Personalized Will Preparation for Your Last Will and Testament
Contemplating the distribution of property and assets after you pass away can understandably be an emotional process. At Ver Beek Law, Prof. L.L.C., we help provide you comprehensive and personal guidance on what factors you should be considering when deciding what provisions you would like to include in your Will.
Will Construction in South Dakota:
Your Will is a written legal document that controls how and to whom you wish your possessions to go after your death. If you die without a Will, your possessions will be distributed by the state statutes and these state statues make no exceptions for what loved ones claim you may or may not have wanted. For a Will to be valid under South Dakota law, certain formalities must be met. These formalities include:
- Being 18 years or older
- Being of sound mind
- A written instrument
- At least two witnesses
Additionally, there are certain restrictions to the disposition of your property under South Dakota Law and certain tax ramifications that should be considered in the drafting of your Will. It is important that you have a professional helping you to achieve your objectives.
That is why our skilled Sioux Falls estate planning attorneys are here to assist you in drafting a Will that is tailored to your specific goals.
Codicils (Updating Your Will)
Life is an ever-changing journey. Reviewing your Will from time to time is important as there may have been changes in the property you own, family circumstances, or even the law. A Codicil is a legal document that explains, modifies, or revokes your Will or part of your Will to reflect your desires given the changes in your life.
Here at Ver Beek Law, Prof. L.L.C., our estate planning attorneys are ready to review your Will with you and draft a Codicil that fits your goals or to help you decide whether drafting a new Will would better achieve your objectives.
Durable Power of Attorney
A Durable Power of Attorney allows you to designate an agent to act on your behalf regarding key legal and financial decisions. It will be important for you to designate a person who you trust and who is capable because that person will essentially be ‘stepping into your shoes.’
Durable Power of Attorney for Health Care:
A Durable Power of Attorney for Health Care allows you to designate someone to act on your behalf regarding your health care decisions if it is needed. It will be important for you to not only designate someone you have great confidence in and who will be able to make health care decisions for you, but also that you discuss your feelings regarding certain healthcare treatments with the person you designate. Our estate planning attorneys are here to help you in creating a Durable Power of Attorney for Health Care.
If you believe that a Durable Power of Attorney may be right for you, contact Ver Beek Law, Prof. L.L.C., and our estate planning attorneys will be ready to help you.
Sioux Falls Trust & Estate Planning Attorneys: Helping you Protect Your Family and Assets
There are a wide variety of different types of trusts that could benefit your estate plan. Depending on your situation, some of these trust benefits may include, but are not limited to:
maintaining more privacy
flexibility in the distribution and protection of your assets.
Each type of trust is designed differently. For example, a testamentary trust is created to take effect when you die, whereas a living trust takes effect while you are still alive. Furthermore, a revocable trust is one that you can cancel once you have put it in place, whereas an irrevocable trust is one that you cannot cancel. If you are interested in potentially utilizing a trust in your estate plan, our Sioux Falls estate planning attorneys are here to discuss which type of trust(s) may best suit your goals.
Naming Your Trustee:
As the creator of the trust, you will have the ability to designate the trustee. A trustee administers and distributes the assets held in trust to your beneficiaries in accordance with the provisions in your trust. The trustee can be a competent adult, such as a friend or family member, a financial institution with trust powers, or even yourself. Additionally, you may be the only trustee of your trust or you can be a co-trustee with other co-trustees. It is important that whoever you designate as trustee is dependable, capable, and trustworthy.
To discuss whether a trust would benefit your estate plan, contact us at Ver Beek Law, Prof. L.L.C., for a complimentary consultation.
Probate, or the estate administration process, is the legal process of settling a decedent’s assets and affairs. Probate is designed to assure the collection, preservation, and transfer of property as well as to protect the rights of heirs and creditors. If there is a Will that devises the decedent’s property, then there will be a testate proceeding. If there is not a Will, then there will be an intestate proceeding. Generally, these proceedings are started in the county where the decedent lived at the time of death. Depending on the value and the assets of the estate, a probate proceeding may not be necessary.
If you are looking for assistance in the administration of a loved one’s estate, our estate planning attorneys are here to help guide you through that process.
Meet Your Lawyer
Kelsey Ver Beek
Kelsey Ver Beek is the founding attorney of Ver Beek Law, a South Dakota law practice.
Kelsey grew up in a small Iowa town with her three siblings. Before pursuing law, she earned her Bachelor’s degree from Morningside College in Sioux City, IA, graduating in three years, with honors.
She enrolled in The University of South Dakota School of Law and graduated with the class of 2015. Due to her personal experience with, and passion for, family law litigation, Kelsey decided to focus her career on family law. She is licensed in the state of South Dakota as a practicing family law attorney, and strives to provide a professional, yet empathetic approach to each of her clients. She attentively focuses on the needs of every client, with experience in cases involving divorce, adoption, alimony, child custody, and other family law matters.
When Kelsey is not working she enjoys spending time with her family. Her three children and life on the farm keep her busy.
Get in Touch :
Call (605) 988-8556 for a Consultation
Call today to schedule a consultation to get started on creating an estate plan that works best for you and your family. During a consultation, you will sit down with our Sioux Falls lawyer and we will help you figure out your next best steps for moving forward. Call (605) 250-2227 today to get started on your plan.