Generated by All in One SEO v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # Helsper, McCarty & Rasmussen, P.C. Law Firm Experienced Attorneys Serving South Dakota ## Sitemaps - [XML Sitemap](https://lawinsd.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Blog](https://lawinsd.com/blog/) - [Overtime Overhaul: UPDATE](https://lawinsd.com/overtime-overhaul-update/) - A last minute development has changed the way the entire country is thinking about handling overtime. In my last blog post, I described how some new rules from the Federal government issued in May were set to take effect on December 1. A Texas Federal District judge issued an order preventing these rules from taking - [SD Supreme Court issues DUI opinion affecting CDL drivers](https://lawinsd.com/sd-supreme-court-issues-dwi-opinion-affecting-cdl-drivers/) - What looked like a straightforward traffic ticket ultimately destroyed a truck driver's livelihood.On March 16, 2016, the South Dakota Supreme Court issued an opinion that should send an important message to CDL drivers everywhere. Mr. Kaufman, a man with a Nebraska commercial drivers license (CDL), was arrested for DUI. He pleaded guilty and was sentenced. - [When Should You Update Your Will?](https://lawinsd.com/when-should-i-update-my-will/) - A will (often called a last will and testament) is a document describing what you want to happen to your estate when you pass away. If you have minor children, the will would direct who you want to be the guardian of your children while they are minors. It is important for everyone to have - [Can Your Record Be Sealed?](https://lawinsd.com/can-record-sealed/) - If you are facing a criminal charge, whether it is a misdemeanor or a felony, you are probably wondering if this will stay on your record forever. In South Dakota, one option that is available to Defendants who wish to have their record sealed is a suspended imposition of sentence (SIS). A suspended imposition of - [Restraining orders: Do I need a lawyer?](https://lawinsd.com/protection-order-hearing/) - South Dakota allows domestic violence or stalking victims to get protection orders, sometimes called restraining orders. The system often succeeds in protecting potential victims. Unfortunately, the process can be abused. One recent case illustrates how a lawyer protected the integrity of the hearing process. In Turner v. Belman, a recent Iowa protection order case, Ms. - [How do I pay the Nursing Home?](https://lawinsd.com/pay-nursing-home/) - Nursing home care is expensive. Everybody knows it. Typical full-time, institutional care can cost between $60,000 and $100,000 per year, and costs continue to go up every year. Do you or your parents have a million dollars saved away to pay for five years of nursing home care? Do you have enough saved up for - [Overtime Overhaul](https://lawinsd.com/overtime-overhaul/) - Last Wednesday, May 18, 2016, the US Department of Labor provided some new rules that expand overtime pay eligibility for certain employees who aren't currently required to get overtime. The rules become effective on December 1, 2016, and are estimated to impact over 9,000 South Dakotans. Do these rules apply to your business or employees? - [Understanding Expungement and Pardons in South Dakota](https://lawinsd.com/understanding-expungement-pardons-south-dakota/) - It is important to understand the difference between an expungement and a pardon. South Dakota has legal processes that allow an individual charged with a crime or convicted of a crime to have that charge or conviction removed from their criminal history. It is important to understand whether your situation requires an expungement or a - [Welcome](https://lawinsd.com/welcome/) - After a decade on 8th Street South, the law firm continues to grow and flourish. Don M. McCarty joined the firm as a partner in November of 2014, and Eric Rasmussen returns to the practice as a partner this coming April. Reed T. Mahlke joined the firm in 2009. Ben Kleinjan joined in 2012. Jennifer ## Pages - [Home](https://lawinsd.com/) - Experienced Attorneys In South Dakota The Law Office of Helsper, McCarty, and Rasmussen, P.C. represents individuals and business entities seeking counsel on civil, domestic, and criminal matters from our law offices in Brookings, SD, and Watertown, SD. Our lawyers also represent banks with bankruptcy and/or foreclosure issues and business entities in complex commercial litigation. If - [Contact](https://lawinsd.com/contact/) - Contact Our Law Office Brookings Office Helsper, McCarty & Rasmussen 1441 6TH ST #200 BROOKINGS SD 57006-1604 Directions (t) 605.692.7775 (f) 605.692.4611 (e) info@lawinsd.com Watertown Office Helsper, McCarty & Rasmussen 17 1st Avenue SE WATERTOWN SD 57201-3612 Directions (t) 605.223.6775 (f) (e) info@lawinsd.com Send Us a Message - [Don M. McCarty](https://lawinsd.com/our-attorneys/don-mccarty/) - Don McCarty Brookings, SD Lawyer e: donmccarty@lawinsd.com t: 605.692.7775 f: 605.692.4611 Don McCarty graduated from the University of South Dakota School of Law with a juris doctorate in 1996. During his third year of law school Don was recognized as the George S. Mickelson Scholar for outstanding academic achievement and dedication to public service prior to, - [Eric N. Rasmussen](https://lawinsd.com/our-attorneys/eric-rasmussen/) - Eric Rasmussen Brookings, SD Lawyer e: ericrasmussen@lawinsd.com t: 605.692.7775 f: 605.692.4611 Eric N. Rasmussen obtained his undergraduate degree from SDSU in 1981 and graduated from USD Law School in 1985. That same year, he became a member of the State Bar of South Dakota and began to practice law in Brookings with the Mickelson and Helsper - [Reed T. Mahlke](https://lawinsd.com/our-attorneys/reed-mahlke/) - Reed Mahlke Brookings, SD Lawyer e: reedmahlke@lawinsd.com t: 605.692.7775 f: 605.692.4611 Reed grew up working on his grandfather's farm in Northeastern South Dakota, near the town of Frederick. After high school, Reed attended South Dakota State University and graduated with an Agri Business Degree. Reed then accepted a position in International Business Development with Daktronics, a - [Jennifer Goldammer](https://lawinsd.com/our-attorneys/jennifer-goldammer/) - Jennifer Goldammer Brookings, SD Lawyer e: jennifergoldammer@lawinsd.com t: 605.692.7775 f: 605.692.4611 Jennifer Goldammer grew up in Armour, South Dakota before moving to Sioux Falls to attend Augustana College. At Augustana, Jennifer majored in Business Administration and Government Affairs and received her Bachelor of Arts degree in 2004. Upon graduation, she entered the workforce at the Minnehaha - [Stacia Jackson](https://lawinsd.com/our-attorneys/stacia-jackson/) - Stacia Jackson Brookings, SD Lawyer e: staciajackson@lawinsd.com t: 605.692.7775 f: 605.692.4611 Stacia was born in Brookings and raised in the Arlington and Sinai area for much of her childhood. She attended middle school and high school in Wisconsin before returning to Brookings to attend South Dakota State University where she earned a degree in History. - [Patrick Reiter](https://lawinsd.com/our-attorneys/patrick-reiter/) - Patrick Reiter Brookings, SD Lawyer e: patrickreiter@lawinsd.com t: 605-692-7775 f: 605-692-4611 Patrick Reiter grew up in the Watertown area before moving to Vermillion to attend the University of South Dakota where he earned a degree in Medical Biology in 2019. Upon graduation he began working at the Good Samaritan Society in Sioux Falls. After working - [Teree Nesvold](https://lawinsd.com/our-attorneys/teree-nesvold/) - Teree Nesvold Brookings, SD Lawyer e: tereenesvold@lawinsd.com t: 605.692.7775 f: 605.692.4611 Teree was born and raised in Minnesota. After high school, Teree attended the University of Minnesota, graduating with a degree in History. Before pursuing her dream of law school, Teree worked as a loan officer, ran a business, and as an accountant. Graduating from USD - [Our Attorneys](https://lawinsd.com/our-attorneys/) - Our Attorneys Practicing in South Dakota We provide efficient and effective counsel across countless service areas to help you achieve your objectives. Richard J. HelsperOf Counsel South Dakota Attorney richhelsper@lawinsd.com More about Richard Helsper Don McCartySouth Dakota Attorney donmccarty@lawinsd.com Practice Areas: Criminal Law Family Law and Divorce Personal Injury Worker's Compensation Business Law Social - [Practice Areas](https://lawinsd.com/practice-areas/) - Our South Dakota Legal Services Practice Areas Our South Dakota attorneys practice in a number of areas such as insurance defense, banking and commercial litigation and all aspects of utility regulation. Because of the size of our Brookings, SD, and Watertown, SD, law firm, we are flexible and able to provide a close and discrete - [About](https://lawinsd.com/about/) - About Our Law Firm We are experienced attorneys serving South Dakota. History of Helsper, McCarty and Rasmussen Carl O. Trygstad, the earliest predecessor of the law firm, passed the bar in 1906 and had an office on Main Avenue above what is now Subway. W.R. McCann, who taught high school in Brookings between 1931 and - [Richard J. Helsper](https://lawinsd.com/our-attorneys/richard-j-helsper/) - Richard Helsper Brookings, SD Lawyer Of Counsel e: richhelsper@lawinsd.com t: 605.692.7775 f: 605.692.4611 Richard J. Helsper, a Brookings native, graduated from South Dakota State University in 1974. He then graduated from Southern Methodist University School of Law in Dallas, Texas in 1977. After becoming a member of the State Bar of South Dakota, he joined the - [Terms & Conditions](https://lawinsd.com/terms-conditions/) - Helsper, McCarty and Rasmussen OVERVIEW This website is operated by Helsper, McCarty and Rasmussen (the “Company”). For purposes of these Terms and Conditions, “Service” refers to the Company’s service which can be accessed via our website at https://lawinsd.com/ or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers - [Privacy Policy](https://lawinsd.com/privacy-policy/) - Helsper, McCarty and Rasmussen (the “Company”) is committed to protecting the privacy of its users. This Privacy Policy (“Privacy Policy”) is designed to help you understand what information we gather, how we use it, what we do to protect it, and to assist you in making informed decisions when using our Service. Unless otherwise indicated - [Appeals](https://lawinsd.com/practice-areas/appeals/) - South Dakota Appeals Did the Court rule against you in a civil or criminal matter? Regardless of whether you had a lawyer helping you on your case, you have the right to an appeal in South Dakota. The timelines for an appeal are short, usually thirty days, and it is important that you follow all - [Criminal Law](https://lawinsd.com/practice-areas/criminal-law/) - South Dakota Criminal Defense Attorneys Are you or a loved one facing legal problems related to a criminal offense or investigation? If so, your first step should be to consult a criminal defense attorney in your area. A skilled attorney will know exactly what can be done to protect your rights and help you avoid - [Personal Injury Brain](https://lawinsd.com/practice-areas/personal-injury/personal-injury-brain/) - South Dakota Brain Injury Lawyer When someone suffers a brain injury, they can lose something very precious, their ability to think and function normally. It is a known fact that brain injuries are very serious and can lead to painful and permanent after effects. Some side effects of brain injuries are: loss of speech, loss - [Personal Injury Burn](https://lawinsd.com/practice-areas/personal-injury/personal-injury-burn/) - South Dakota Burn Injury Lawyer Burn injuries are not only very painful to sustain, but can also have adverse side effects like physical disfigurement and scarring. Aside from external damage, people may develop internal injuries such as nerve damage after suffering a serious burn injury. The type and severity of side effects will depend upon - [Personal Injury Spinal](https://lawinsd.com/practice-areas/personal-injury/personal-injury-spinal/) - South Dakota Spinal Cord Injury Lawyer A spinal cord injury is a type of injury that affects the spinal cord itself and also the nerves along the spine. The spinal cord houses countless nerves and nerve endings that are responsible for regulating systems within the body. Anytime nerves are damaged by a spinal cord injury, - [Personal Injury Catastrophic](https://lawinsd.com/practice-areas/personal-injury/personal-injury-catastrophic/) - South Dakota Catastrophic Injury Lawyer A catastrophic injury is a type of injury that occurs suddenly and that leads to debilitating and sometimes permanent medical complications. Commonly suffered catastrophic injuries include head injuries, neck injuries, brain injuries, spinal cord injuries and burn injuries. Many times, catastrophic injuries result from accidents, like auto accidents or alcohol - [Personal Injury Wrongful Death](https://lawinsd.com/practice-areas/personal-injury/personal-injury-wrongful-death/) - South Dakota Wrongful Death Lawyer When a person is killed due to the reckless actions or negligence of another person, it is called a wrongful death. Wrongful deaths are always unexpected and occur suddenly. Many wrongful deaths happen during auto accidents, truck accidents, boating accidents, motorcycle accidents and even alcohol related accidents. A wrongful death - [Personal Injury Senior Abuse](https://lawinsd.com/practice-areas/personal-injury/personal-injury-senior-abuse/) - South Dakota Nursing Home Abuse Lawyer In the U.S., countless seniors are placed in nursing homes each day. When families put their elderly loved ones into nursing homes or elder facilities, they expect that the homes will provide sufficient care for their loved ones. They generally feel that while in these homes their loved ones - [Personal Injury Landowner Liability](https://lawinsd.com/practice-areas/personal-injury/personal-injury-landowner-liability/) - South Dakota Landowner Liability Lawyer Premises liability is an area of law that oversees cases involving injuries people sustain while on another person’s property. Under premises liability law, anytime someone is injured while visiting another person’s property, injured victims may file lawsuits if certain key elements are met. By filing lawsuits, you may be able - [Personal Injury Fall](https://lawinsd.com/practice-areas/personal-injury/personal-injury-fall/) - South Dakota Slip & Fall Lawyer Every year, numerous people are injured during slip and fall accidents. Simple things such as walking down a flight of stairs or walking through store aisles can result in a person slipping or tripping and then falling. Once a person has been involved in a slip and fall accident, - [Personal Injury Dog Bites](https://lawinsd.com/practice-areas/personal-injury/personal-injury-dog-bites/) - South Dakota Dog Bite Lawyer Every year, millions of people are injured by dogs that bite or outright attack. Some people manage to escape an attack with minor wounds, while countless others must seek medical attention for their dog bite injuries. Dog bites can be very severe and can lead to catastrophic injuries and suffering. - [Personal Injury Alcohol Related](https://lawinsd.com/practice-areas/personal-injury/personal-injury-alcohol-related/) - South Dakota Alcohol Related Accident Lawyer In the United States, thousands of accidents can be attributed to the consumption of alcohol. All too often, people choose to drink and then drive vehicles, ride bikes or even operate boats. When someone consumes alcohol, their coordination and ability to make decisions becomes impaired. For this reason, it - [Personal Injury Pedestrian](https://lawinsd.com/practice-areas/personal-injury/personal-injury-pedestrian/) - South Dakota Pedestrian Accident Lawyer According to statistics reported by the National Highway Traffic and Safety Administration, over 100,000 pedestrians are injured during accidents each year in the United States. Statistics also indicate that the leading cause of pedestrian accidents is motor vehicle driver negligence. The truth is, when drivers of automobiles are near pedestrians, - [Personal Injury Bicycle](https://lawinsd.com/practice-areas/personal-injury/personal-injury-bicycle/) - South Dakota Bike Accident Lawyer In South Dakota, many people rely upon their bikes to get them from place-to-place. While bicyclists can protect themselves by wearing helmets and following the rules of the road, little can be done when they are riding alongside negligent drivers. When negligent drivers are near bicyclists, they may cause serious - [Personal Injury Motorcycle](https://lawinsd.com/practice-areas/personal-injury/personal-injury-motorcycle/) - South Dakota Motorcycle Accident Lawyer Over the years, there has been a significant increase on the amount of motorcycles present on the roadways. While riding their motorcycles, bikers rarely anticipate being involved in an accident. However, many motorcycle accidents are reported in South Dakota each year. While many people assume that motorcyclists are rebels and cause - [Personal Injury Truck](https://lawinsd.com/practice-areas/personal-injury/personal-injury-truck/) - South Dakota Truck Accident Lawyer When a truck accident occurs, the end result is generally not good, especially when trucks collide with smaller vehicles. The average car weighs about 3,000 pounds whereas large commercial trucks, big rigs and 18 wheelers can weigh numerous tons. When you pair a smaller vehicle with a massive truck, chances - [Personal Injury Auto](https://lawinsd.com/practice-areas/personal-injury/personal-injury-auto/) - South Dakota Auto Accident Lawyer In the United States, countless personal injury claims are filed each and every year regarding auto accidents. Each year, the National Highway Traffic and Safety Administration reports millions of auto accidents. Some of these car accidents are minor, meaning that the people involved were not injured or sustained less serious - [Personal Injury Why](https://lawinsd.com/practice-areas/personal-injury/personal-injury-why/) - Why Should I Hire a South Dakota Personal Injury Lawyer? If you have been seriously injured by another person's recklessness or negligence, there are numerous reasons why you may want to consider hiring a personal injury attorney: A personal injury attorney can protect your rights throughout this difficult process. During criminal and civil legal processes, - [South Dakota Lawfirm Sitemap](https://lawinsd.com/sitemap/) - Helsper, McCarty, and Rasmussen - [Asset Protection](https://lawinsd.com/practice-areas/estate-planning/asset-protection/) - Asset Protection Asset protection planning combines various legal techniques, quite often the layering of various entities, designed to protect assets from unknown future creditors. While this type of planning is intended to initially benefit the creator of the plan with appropriate integration to the overall estate plan, the benefits may also be realized by - [Insurance](https://lawinsd.com/practice-areas/insurance/) - South Dakota Insurance Attorneys Liability insurance is a fundamental tool to manage business risk in both the public and private sector. The Helsper, McCarty and Rasmussen Law Firm offers insurance litigation services designed to address the specific legal needs of insurers and their insureds. We represent insurance companies both in subrogation litigation and insurance defense - [Nursing Home Planning](https://lawinsd.com/practice-areas/estate-planning/nursing-home-planning/) - Long Term Care and Nursing Home Planning A good estate plan should also plan for nursing care expenses. One of the largest final expenses is nursing home care. Increasing costs of medical and long term care, longer life expectancy, and improvements in senior quality of life have created a critical need for planning. Often, individuals - [Social Security Disability](https://lawinsd.com/practice-areas/social-security-disability/) - South Dakota Social Security Lawyer If you have lost your ability to work due to a mental or physical condition, you may be eligible for Social Security Disability benefits. An experienced South Dakota lawyer can help to assess your situation and advise the best course of action. At Helsper, McCarty and Rasmussen Law Firm, we - [Social Security Claims](https://lawinsd.com/practice-areas/social-security-disability/social-security-claims/) - South Dakota Social Security Claims Lawyer Social Security Claims Attorney Brookings, SD Social Security Disability (SSDI) benefits are paid to those who suffer a physical or emotional impairment (or both) which prevents them from working or returning to work. The experienced attorneys at the Helsper, McCarty, and Rasmussen Law Firm have helped thousands of clients - [White Collar Crime](https://lawinsd.com/practice-areas/criminal-law/white-collar-crime/) - South Dakota White Collar Crimes Attorneys White collar crimes are non-violent criminal acts that involve deception and are often affiliated with business or corporate environments. These crimes are financial in nature and can be charged on a State of Federal level. If you are under investigation for a white collar crime, do not proceed or - [Estate Planning](https://lawinsd.com/practice-areas/estate-planning/) - South Dakota Estate Planning Lawyers Sound Advice about Estate Planning in South Dakota At the Helsper, McCarty and Rasmussen Law Firm, we are dedicated to helping individuals and families with their estate planning needs. Having an estate plan in place will give you and your family security for your future. While many individuals seek advice - [Restraining Orders](https://lawinsd.com/practice-areas/family-law-divorce/restraining-orders/) - South Dakota Restraining Order Lawyer Experienced Domestic Violence Attorneys If you are a victim of domestic violence or abuse, you should speak with an attorney who can help you obtain an order of protection. You have the right to apply for an order of protection, which is also referred to as a protective order or restraining - [Adoption and Name Change](https://lawinsd.com/practice-areas/family-law-divorce/adoption-name-change/) - South Dakota Adoption & Name Change Lawyer Experienced Family Law Attorneys Brookings, SD Adoption is a legal process which transfers the rights and responsibilities of one or both biological parents to an adoptive parent. There are many variations of adoption such as: Domestic Adoption International Adoptions Independent or Private-placement Adoptions Relative Adoptions Foster care Adoptions Many - [Parental Alienation](https://lawinsd.com/practice-areas/family-law-divorce/parental-alienation/) - South Dakota Parental Alienation Lawyer Experienced Family Law Attorneys Brookings, SD Parental alienation is a situation in which one parent tries to alienate a child from his or her other parent by brainwashing the child into holding negative feelings or opinions towards that parent. This can occur when a parent tries to manipulate his or - [Grandparent's Rights](https://lawinsd.com/practice-areas/family-law-divorce/grandparents-rights/) - South Dakota Grandparent's Rights Lawyer Experienced Family Law Attorneys Brookings, SD Thousands of grandparents throughout South Dakota are affected by divorces, separations, break-ups, and relocations every year. When a marriage or relationship ends, or a family moves far away, it is often the grandparents who suffer, as they may no longer be able to see or - [Father's Rights](https://lawinsd.com/practice-areas/family-law-divorce/fathers-rights/) - South Dakota Father's Rights Lawyer Experienced Family Law Attorneys Brookings, SD As a father, you have the same rights during a divorce or separation as the mother. Although times have changed and fathers are now given the same rights and respect that mothers receive, there are still cases in which the role a father plays - [Prenuptial Agreements](https://lawinsd.com/practice-areas/family-law-divorce/prenuptial-agreements/) - South Dakota Prenuptial Agreement Lawyer Experienced Family Law Attorneys Brookings, SD Regardless of your level of income or social class, you should consider the advantages of drafting and filing a prenuptial agreement. A prenuptial agreement not only ensures that your property will be protected during a divorce, but also that your wishes in regards to such - [Modifications](https://lawinsd.com/practice-areas/family-law-divorce/modifications/) - South Dakota Modification Lawyer Experienced Family Law Attorneys Brookings, SD Modifying child support, custody, visitation and spousal support can be a very difficult process. The Helsper, McCarty and Rasmussen Law Firm has an experienced legal team that will provide you with superior legal guidance and representation during any modification process. Reasons for Modification An individual can - [Paternity](https://lawinsd.com/practice-areas/family-law-divorce/paternity/) - South Dakota Paternity Lawyer Experienced Family Law Attorneys Brookings, SD When a child custody and/or support battle ensues, paternity can often come into question. The family courts will require a paternity test to be administered before cases involving child custody and child support will be allowed to proceed. Paternity testing allows someone to prove or disprove - [Alimony | Spousal Support](https://lawinsd.com/practice-areas/family-law-divorce/alimony-spousal-support/) - South Dakota Alimony Lawyer Experienced Family Law Attorneys Brookings, SD After a divorce, it is common for one spouse to make monetary payments to the other spouse. These payments, referred to as alimony, spousal maintenance or spousal support, are designed to ensure a person has the financial resources he or she needs to maintain the - [Child Support](https://lawinsd.com/practice-areas/family-law-divorce/child-support/) - South Dakota Child Support Lawyer Experienced Family Law Attorneys Brookings, SD After a divorce or separation, it is imperative to ensure that any children involved are still being provided for. A parent’s responsibility to their children does not end simply because a marriage ended. Child support laws were established to ensure children of divorced or separated - [Child Custody and Visitation](https://lawinsd.com/practice-areas/family-law-divorce/child-custody-visitation/) - South Dakota Child Custody & Visitation Lawyer Experienced Family Law Attorneys Brookings, SD One of the most difficult issues to resolve during a divorce is child custody and/or visitation. This holds true even when the parents of a child are not married and need to reach a custody arrangement. Both parents have strong opinions over - [Annulment](https://lawinsd.com/practice-areas/family-law-divorce/annulment/) - South Dakota Annulment Lawyer Experienced Family Law Attorneys Brookings, SD Annulment is the legal procedure in which a marriage is declared null and void by the family law courts. When a marriage is annulled, in the eyes of the law, the marriage never existed and is considered invalid. Reasons for Annulment While annulments are very rare, - [Legal Separation](https://lawinsd.com/practice-areas/family-law-divorce/legal-separation/) - South Dakota Legal Separation Lawyer Divorce vs. Legal Separation Attorneys Brookings, SD Instead of spending time and money on a divorce, many people choose a legal separation. Divorce is defined as the legal termination or dissolution of marriage. Once people obtain a divorce, they will no longer be married according to the law. However, when spouses - [Mediation](https://lawinsd.com/practice-areas/family-law-divorce/mediation/) - South Dakota Mediation Divorce Lawyer Experienced Family Law Mediators Brookings, SD Divorce is a very contentious issue which can lead to ongoing disagreements. For this reason, many people are now considering mediation as an alternative to litigation. South Dakota has a number of excellent retired Judges and experienced lawyers who provide mediation services. Mediation can be - [Complex High Net Worth Divorce](https://lawinsd.com/practice-areas/family-law-divorce/complex-high-net-worth-divorce/) - South Dakota Complex High Net Worth Divorce Lawyer Experienced Family Law Attorneys Brookings, SD High net worth divorce cases are often more complex than other types of divorce cases, as there are more assets, property, and income to account for. If you have a high income and/or a large amount of assets or property, it is - [Uncontested Divorce](https://lawinsd.com/practice-areas/family-law-divorce/uncontested-divorce/) - South Dakota Uncontested Divorce Lawyer Experienced Family Law Attorneys Brookings, SD The best types of divorce cases are those in which the parties are able to get along and reach mutual decisions regarding the dissolution of their marriage. These types of divorce cases are generally referred to as uncontested divorce cases. Benefits of an Uncontested - [Contested Divorce](https://lawinsd.com/practice-areas/family-law-divorce/contested-divorce/) - South Dakota Contested Divorce Lawyer Experienced Family Law Attorneys Brookings, SD Going through a divorce is never an easy process, even if both spouses agree that it is the best decision for their family. If you are thinking of filing for divorce, you want to ensure that you have a skilled legal advocate protecting your best interest. - [DUI Defense](https://lawinsd.com/practice-areas/criminal-law/dui-defense/) - DUI Defense Lawyers in Eastern South Dakota A DUI conviction can result in the suspension of your driver’s license, jail time, and in some cases may cost you your job. Where can you turn for the aggressive and knowledgeable legal representation that you need to avoid these consequences? An eastern South Dakota DUI attorney - [Coping with a Disability](https://lawinsd.com/practice-areas/social-security-disability/coping-with-a-disability/) - Coping with a Disability At the Helsper, McCarty, and Rasmussen Law Firm, we will fight hard to ensure that you obtain the greatest benefit for your disability. In addition, our firm tries to create a supportive and encouraging atmosphere, including suggestions on coping with your disability. Taking Charge of Your Disability When talking with - [At the hearing](https://lawinsd.com/practice-areas/social-security-disability/at-the-hearing/) - What happens at the hearing? South Dakota Disability Hearing An experienced attorney can help you to prepare for and be successful at a disability hearing before an administrative law judge (ALJ) in the process to obtain Social Security Disability (SSD) benefits or Supplemental Security Income (SSI) benefits. The ALJ hearing is important in the - [Obtaining Benefits](https://lawinsd.com/practice-areas/social-security-disability/obtaining-benefits/) - How do we obtain benefits for our clients? South Dakota SSD Benefits Attorney An experienced Social Security Disability attorney can help you to obtain the SSD benefits to which you may be entitled. At the Helsper, McCarty, and Rasmussen Law Firm in South Dakota, our SSD benefits attorneys will obtain and review all of - [Denied Claims](https://lawinsd.com/practice-areas/social-security-disability/denied-claims/) - Denied Social Security or Diability Claims Has Your Social Security Disability Claim Been Denied? Social Security Disability Income (SSDI) claims are denied for a variety of reasons. The vast majority of claims filed by individuals are initially turned down. If you have been turned down for SSDI benefits, you should contact the experienced South - [Do I have a case](https://lawinsd.com/practice-areas/social-security-disability/do-i-have-a-case/) - Do I have a South Dakota SSDI case? South Dakota Disability Benefits Attorney If you have a mental or physical condition that renders you unable to work, a lawyer can let you know whether you have a case for Social Security Disability benefits. At Helsper, McCarty, and Rasmussen Law Firm, we will fight hard - [Why Hire a Lawyer](https://lawinsd.com/practice-areas/social-security-disability/why-hire-a-lawyer/) - Why Hire a South Dakota SSDI Lawyer? South Dakota Social Security Disability Attorneys The Social Security Disability system can be very complex and frustrating to navigate. Having an experienced attorney on your side as you pursue your Social Security Disability claim will ensure that the process moves along as quickly and efficiently as possible, which increases - [Conditions Covered by SSDI](https://lawinsd.com/practice-areas/social-security-disability/conditions-covered-ssdi/) - Conditions Covered by SSDI South Dakota SSDI Lawyers The Social Security Administration recognizes many physical and psychological conditions as qualifying disabilities covered under Social Security Disability Income (SSDI). Contact Helsper, McCarty, and Rasmussen Law Firm to arrange a free consultation to discuss your application for benefits or for help in appealing a denial of your - [Am I eligible](https://lawinsd.com/practice-areas/social-security-disability/am-i-eligible/) - Am I Eligible for Benefits? South Dakota Social Security Disability Eligibility If you are no longer able to work due to mental illness, back pain, or any other disability or medical condition, an experienced Social Security Disability benefits attorney can help to determine your eligibility to receive Social Security Disability benefits and provide you - [Personal Injury](https://lawinsd.com/practice-areas/personal-injury/) - South Dakota Personal Injury Lawyers Experienced Victims' Rights Attorneys Brookings, SD When innocent people have been injured by the negligent or reckless actions of other people, they have the right to protect themselves from further grievances and financial setbacks. According to South Dakota state law, anyone who has sustained serious injuries due to another person’s - [Business Contracts](https://lawinsd.com/practice-areas/business-corporate/business-contracts/) - South Dakota Business Contract Lawyer Attorney For Corporate Contract Law Business contracts can have both legal and financial repercussions should the parties involved in the contract have a different understanding of the nature of the contract. To ensure you receive the benefits you intend from your business agreements, retain a business lawyer to negotiate, - [Workers' Compensation](https://lawinsd.com/practice-areas/workers-compensation/) - South Dakota Workers' Compensation Lawyer If you have been injured in the workplace, you have the right to seek compensation from your employer for your injuries. A quality worker's compensation attorney can assist you in ensuring that your workers' compensation claim is addressed fairly and in a timely fashion. Although the South Dakota Workers' Compensation Act - [Workplace injury Lawyers](https://lawinsd.com/practice-areas/workers-compensation/workplace-injury-lawyers/) - Workplace Injury Lawyers The South Dakota workplace injury attorneys at Helsper, McCarty, and Rasmussen Law Firm handle every type of job-related injury. If you are injured on the job, it is important that you seek the help of a qualified medical professional. In South Dakota, your employer is required to provide all reasonable and necessary - [Frequently Asked Questions](https://lawinsd.com/practice-areas/workers-compensation/frequently-asked-questions/) - Frequently Asked Questions What is the cost of hiring an attorney? There is absolutely no cost for an initial consultation. In fact, you will be represented on a contingency fee basis meaning, in most circumstances, your attorney only receives payment if your case settles. Do I need an attorney if I am injured on the - [Probate & Trust Administration](https://lawinsd.com/practice-areas/probate-trust-administration/) - South Dakota Probate & Trust Administration LawyersPractical Advice in South Dakota Trust and Estate AdministrationIt can be difficult to tell how big a job a personal representative is facing in the administration of an estate. Complex family dynamics or problems with particular assets can greatly complicate the process for otherwise simple estates. A sound estate - [Business Interest in Probate](https://lawinsd.com/practice-areas/probate-trust-administration/business-interest-probate/) - Business Interest in Probate Business and Professionals Probate Attorney During a probate, estates which own businesses or professional practices can create complicated situations. Sometimes a Special Administrator needs to be appointed on an emergency basis to manage the business and preserve it as an asset for the estate. A skilled business probate lawyer can make - [Executor or Personal Representative](https://lawinsd.com/practice-areas/probate-trust-administration/executor-personal-representative/) - Role of the Executor or Personal Representative An executor is the person named by the creator of the Will (the testator) to carry out the terms and provisions of his or her Will. In addition to locating documents left by the testator (i.e., wills, trusts, deeds, etc.) and notifying Social Security, pension providers, annuity providers - [Non Probate Assets](https://lawinsd.com/practice-areas/probate-trust-administration/non-probate-assets/) - Non-Probate Assets Assets disposed of outside the probate process are part of the non-probate estate. Since a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models in order to save their loved ones from the difficulties associated with going through - [Out of State Personal Representative](https://lawinsd.com/practice-areas/probate-trust-administration/state-personal-representative/) - Out-of-State Personal Representative Legal Advice for Out-of-State Executors and Administrators It is quite common for the personal representative of a South Dakota estate to live in another state. At the Helsper, McCarty, and Rasmussen Law Firm, we offer comprehensive client services for out-of-state personal representatives on terms that will minimize the need for you to - [Probate Administration Overview](https://lawinsd.com/practice-areas/probate-trust-administration/probate-overview/) - Probate & Trust Administration Overview Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An experienced probate and estate administration attorney from Helsper, McCarty, and Rasmussen Law - [Probate with Will](https://lawinsd.com/practice-areas/probate-trust-administration/probate-with-will/) - Probate With a Will Uncontested Probate Lawyer Uncontested probate is the method of probate administration used with simple estates that are not in dispute, and involves the informal process of court filings and the appointment of a personal representative. With uncontested probate administration, having a skilled probate attorney by your side can help ensure the - [Probate without Will](https://lawinsd.com/practice-areas/probate-trust-administration/probate-without-will/) - Probate Without a Will Handling a Decedent's Estate With No Will to Guide You When someone dies intestate, that means he or she died without a Will. In intestate estate administration cases, South Dakota law provides a set of rules that specify the rights of family members to inherit the decedent's property in a prescribed - [Probating an Estate](https://lawinsd.com/practice-areas/probate-trust-administration/probating-an-estate/) - Probating the Estate Probate is the court process used to determine the validity of a Will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid Will at the time of death, the estate will still go through the probate procedure. If you are the executor of an - [Trust Administration overview](https://lawinsd.com/practice-areas/probate-trust-administration/trust-administration-overview/) - Trust AdministrationA trust is basically a way of holding property that separates the rights and responsibilities of ownership from its benefits. A trustee administers trust property on behalf of a beneficiary according to the terms of the trust itself.Although trusts of different kinds can serve a wide variety of purposes, many people have used revocable - [1031 Exchange](https://lawinsd.com/practice-areas/real-estate/1031-exchange/) - South Dakota 1031 Exchange LawyerExperienced 1031 Exchange AttorneysThe experienced real estate lawyers at Helsper, McCarty and Rasmussen Law Firm offer representation to individuals and companies in purchasing South Dakota real property and leveraging a commercial or residential real estate investment through a 1031 exchange.A 1031 exchange allows our clients to defer the tax burden of - [Real Estate Litigation](https://lawinsd.com/practice-areas/real-estate/real-estate-litigation/) - South Dakota Real Estate Litigation LawyerAggressive Real Estate Litigation Attorneys Brookings, SDWhen your work with development, ownership, purchase or the sale of a real property leads to a dispute that can only be resolved through litigation, our real estate litigation attorneys are here to help.No case is too large or small for our seasoned staff of - [Sale and Purchase Agreements](https://lawinsd.com/practice-areas/real-estate/sale-purchase-agreements/) - South Dakota Sale and Purchase Agreement LawyerSale or Purchase Agreements AttorneysReal estate sales contracts or purchase agreements are the most important documents involved in a real estate transaction and should be prepared by an experienced real estate attorney.There are several terms which can be negotiated regarding a typical residential real estate contract:Special short sale and foreclosure - [Development](https://lawinsd.com/practice-areas/real-estate/development/) - South Dakota Land Use & Development LawyerExperienced Land Use and Development Attorneys Brookings, SD The experienced real estate team at the Helsper, McCarty and Rasmussen Law Firm Office represents landowners and developers throughout eastern South Dakota when they appear before planning commissions and municipal boards on applications for annexation, rezoning, planned developments and subdivision approvals.In addition, - [Foreclosure](https://lawinsd.com/practice-areas/real-estate/foreclosure/) - South Dakota Foreclosures LawyerForclosure Attorneys Brookings, SDThe current economic turmoil has left many individuals struggling to make their monthly house payments. Delinquent mortgages, home foreclosures and defaults on commercial real estate loans are now common occurrences. The Helsper, McCarty and Rasmussen Law Firm is a strong resource for lenders who must take action to protect - [Evictions](https://lawinsd.com/practice-areas/real-estate/evictions/) - South Dakota Evictions LawyerExperienced Eviction Attorney Brookings, SDAn eviction is a legal proceeding by which a landlord seeks to reclaim a premise (apartment or home) and remove the tenant. At the Helsper, McCarty and Rasmussen Law Firm, we represent landlords, property managers and owner’s agents in litigation to enforce the lessor’s rights under a residential - [Lease Drafting](https://lawinsd.com/practice-areas/real-estate/lease-draft/) - South Dakota Lease Drafting LawyerLease Drafting Attorneys Brookings, SD Leasing commercial, residential or farm land is quite common in South Dakota. While some individuals may feel they have the knowledge to prepare or enter into a lease agreement on their own, it is highly recommended that you seek the legal advice of an attorney. Whether you - [Deeds](https://lawinsd.com/practice-areas/real-estate/deeds/) - South Dakota Deed LawyerExperienced Deeds Attorneys Brookings, SDA deed is an unassuming piece of paper that carries a big legal impact. The purpose of a deed is to transfer ownership interest in real property. An experienced legal attorney from the Helsper, McCarty and Rasmussen Law Firm can review or prepare your deed to guarantee that - [Real Estate Closing](https://lawinsd.com/practice-areas/real-estate/real-estate-closing/) - South Dakota Real Estate Closing LawyerExperienced Real Estate Closing Attorneys Brookings, SDFor many people, the purchase of a home is their largest financial investment. The purchase of a home involves a great deal of financial sacrifice. Even with so much at stake, many people approach the home buying process with little or no knowledge of the - [Real Estate](https://lawinsd.com/practice-areas/real-estate/) - South Dakota Real Estate LawyerExperienced Real Estate Attorneys Brookings, SDReal Estate transactions often represent significant investments of time and money and involve complex legal issues which require correct handling in order to protect both parties from risk and liability. If not dealt with properly, real estate disputes can be costly and time-consuming distractions. At the Helsper, McCarty - [Family Law | Divorce](https://lawinsd.com/practice-areas/family-law-divorce/) - South Dakota Divorce LawyerExperienced Family Law Attorneys Brookings, SDDealing with divorce and family law matters can be complex and emotionally charged. Having an experienced attorney on your side can be highly beneficial not only for the outcome or your case, but also to ensure your family’s future wellbeing is a priority.At the Helsper, McCarty and Rasmussen - [Business Litigation](https://lawinsd.com/practice-areas/business-corporate/business-litigation/) - Business LitigationLegal Help Resolving South Dakota Business DisputesBusiness disputes are costly, both in terms of the money involved in the dispute and in terms of the time they take away from day-to-day business. An early resolution is always preferable to taking a case to court, but when a fair and reasonable solution cannot be found, - [Juvenile Law](https://lawinsd.com/practice-areas/criminal-law/juvenile-law/) - Lawyers Defending Juvenile Offenders in eastern South Dakota The most common types of juvenile crimes usually involve drugs, alcohol, illegal sex acts or violence. When juveniles commit criminal offenses, they can be arrested by law enforcement and charged with a crime. When a child breaks the law, he or she may be facing serious penalties - [Sex Offenses](https://lawinsd.com/practice-areas/criminal-law/sex-offenses/) - South Dakota Sex OffensesFacing criminal charges of a sexual nature can be frightening, confusing and embarrassing. Repercussions of a sex crime accusation on your reputation, job and personal relationships prove extreme. When facing allegations of a sex offense, it is crucial that you exercise your constitutional right to an attorney.An eastern South Dakota sex crimes - [Probation Violation](https://lawinsd.com/practice-areas/criminal-law/probation-violation/) - Probation Violation Lawyer in South Dakota Have you been accused of violating the terms of your probation? A probation violation is a serious criminal charge that may result in imprisonment or extended probation. Having an experienced and aggressive legal professional on your side can make a significant impact in the outcome of your case.About South - [Homicide and Manslaughter](https://lawinsd.com/practice-areas/criminal-law/homicide-and-manslaughter/) - Manslaughter and Homicide Defense in Eastern South DakotaWhen facing manslaughter or homicide charges, your freedom and sometimes your very life are on the line. The specific definition of “homicide” is the killing of another human being, lawful or unlawful. Manslaughter is a criminal charge typically involving an accidental, unintentional or negligent homicide which is unlawful. - [Expungement and Pardons](https://lawinsd.com/practice-areas/criminal-law/expungement-and-pardons/) - South Dakota Expungement & Pardon Attorney If you are having trouble getting a job or being considered for a loan due to your criminal record, you should consider an expungement (reconsideration) or a Pardon. An experienced South Dakota attorney from the Helsper, McCarty and Rasmussen Law Firm can explain your options.What is Expungement?Expungement is a - [Burglary and Theft](https://lawinsd.com/practice-areas/criminal-law/burglary-and-theft/) - Burglary & Theft Crimes in South DakotaTheft is a crime committed by a person who knowingly obtains or sets out to obtain property that belongs to someone else. When charged with a theft related crime, nothing is more important than securing the defense representation of a skilled Eastern South Dakota criminal defense attorney. Regardless of - [Business Succession Planning](https://lawinsd.com/practice-areas/estate-planning/business-succession-planning/) - Business Succession Planning The attorneys at the Helsper, McCarty and Rasmussen Law Firm offer comprehensive advice and implementation regarding the creation, operation and transfer of closely held and family owned businesses. With a keen understanding for all phases of the business life cycle, our services plan for the tax and non-tax issues specific to each - [Tax Planning](https://lawinsd.com/practice-areas/estate-planning/tax-planning/) - Tax Planning Our estate tax practice involves the laws related to transferring wealth and taxation of the income created by the plans we create. While our goal is to minimize taxes of whatever type related to our practice areas, we guide our clients to balance tax and non-tax issues according to their priorities. Liquidity, Gift - [Estate Planning Prenup](https://lawinsd.com/practice-areas/estate-planning/estate-planning-prenup/) - Prenuptial & Postnuptial Agreement Prenuptial agreements are not just for the wealthy. At the Helsper, McCarty and RasmussenLaw Firm, our attorneys strongly recommend that all of our clients who are contemplating marriage or remarriage consider a prenuptial agreement. It is difficult to predict how marital assets and debts will be divided, as the standard is - [Guardians and Conservators](https://lawinsd.com/practice-areas/estate-planning/guardians-and-conservators/) - Guardianship & Conservatorship South Dakota Guardianship Attorney The Law Office of Helsper, McCarty and Rasmussen Law Firm represents family members who seek to establish guardianships over the person and property of incapacitated persons. We help our clients determine the best course of action by reviewing the factual situation carefully, including the public and court records, - [Power of Attorney](https://lawinsd.com/practice-areas/estate-planning/power-of-attorney/) - Power of Attorney A standard practice during any estate planning session is for the attorney to discuss the various documents that are known as advance directives to provide for the health, safety and welfare of the client in anticipation of some type of illness or incapacity. Without such documents in place, the law will determine - [Estate Planning families](https://lawinsd.com/practice-areas/estate-planning/estate-planning-families/) - Estate Planning for Blended & Non-traditional Families The idea of the traditional American family has changed quite drastically over the years. When couples with children from previous marriages blend their families, or a family decides to adopt, the estate planning for their new family can present a variety of issues. Addressing these issues and other - [Trusts](https://lawinsd.com/practice-areas/estate-planning/trusts/) - South Dakota Trusts A Trust is normally set up to manage the distribution and availability of one’s assets. There are a variety of different Trusts which can be created to provide for your family. There are many legal issues and complexities involved in setting up a Trust properly. Different Types of Trusts There are a - [Wills](https://lawinsd.com/practice-areas/estate-planning/wills/) - South Dakota Wills Do I need a Will? A Will, also known as your last Will and testament, is considered a legal document which lists how you wish your personal belongings and assets to be distributed, and to whom. Anyone over the age of 18 may create a Will to protect their property. There are - [Estate Planning Basics](https://lawinsd.com/practice-areas/estate-planning/estate-planning-basics/) - Basic Estate Planning For some people, the idea of estate planning can seem complicated and intimidating. At the Helsper, McCarty and Rasmussen Law Firm, our experienced attorneys will determine the best course of action for your estate plan. There are a variety of options when it comes to estate planning and having a veteran estate - [Business and Corporate Law](https://lawinsd.com/practice-areas/business-corporate/) - South Dakota Business Formation AttorneysBusiness owners can take many steps during the formation of their business to ensure peace of mind now and in the years to come. The Helsper, McCarty and Rasmussen Law Firm offers business formation and business succession planning services designed to address the specific legal needs of businesses. We represent business - [Stalking and Protection Orders](https://lawinsd.com/practice-areas/criminal-law/stalking-protection-orders/) - Stalking & Protection Orders in South Dakota Stalking Laws in South Dakota Stalking accusation are quite common in South Dakota and taken extremely seriously by the legal system. Stalking is defined as “willfully, maliciously, and repeatedly following or harassing another person by the means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication. - [Drug Crimes](https://lawinsd.com/practice-areas/criminal-law/drug-crimes/) - Drug Crime Defense in Eastern South Dakota Drug crimes carry serious penalties in the State of South Dakota. Depending on the specific offense, as well as the type and amount of drug involved, you may face felony or misdemeanor charges and extremely harsh penalties. In South Dakota, laws against drug crimes cover a broad range - [Domestic Violence](https://lawinsd.com/practice-areas/criminal-law/domestic-violence/) - South Dakota Domestic Violence Attorney When the police are called to the scene of a domestic dispute, an arrest is almost always made. Even if the alleged victim decides at a later point that he or she does not want to press charges, it is no longer in their hands. The prosecuting attorney will have - [Criminal Lawyer Reasons](https://lawinsd.com/practice-areas/criminal-law/criminal-lawyer-reasons/) - Why a Criminal Defense Attorney? Legal counsel is a right that all Americans have under the U.S. Constitution and exercising this right is an important part of balancing the justice system. 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