Estate Planning

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Many financial and other transactions today occur online. Upon death or disability,  a person may need to be appointed to have access to email and other digital accounts. The Revised Uniform Fiduciary Digital Assets Act (RUFDAA) takes effect July 1, 2017 in South Dakota, clarifying requirements for executors, trustees, conservators, attorneys-in-fact and other agents (“fiduciaries”) access to a person’s “digital assets.” Davenport Evans lawyer Terry N. Prendergast explains.

Davenport, Evans, Hurwitz & Smith LLP has been named a Top Ranked Leading Firm by Chambers USA, which ranks the nation’s leading law firms and lawyers. In South Dakota, rankings are given in four main categories: Corporate/Commercial Law, Labor & Employment, Litigation, and Real Estate. Click here to find a roster of ranked Davenport Evans lawyers.

South Dakota in 2016 passed a special law allowing spouses to create a community property trust as defined by South Dakota law as a special spousal trust, which should allow those creating such a trust the 100% step up in basis on transfers to a surviving spouse at the deceased spouse’s death.  In this article, Terry Prendergast explains the workings of the law and its origins.

Various states have enacted legislation allowing for the creation of self-settled spendthrift trusts in the last decade, which has given rise to domestic asset protection trusts (“DAPTs”). The enactment of DAPT laws in South Dakota and various other states has caused debate related specific federal gift and estate tax questions. Mark R. Krogstad and Matthew W. Van Heuvelen discuss in this Article how the recent changes to South Dakota’s DAPT statutes may affect the federal transfer tax implications of a South Dakota DAPT.

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Davenport Evans lawyer Ashley G. Blake spoke on cyber law at the Trenditigal Summit, a Marketing Technology Conference January 20. Click here for full video and an interview with Keloland TV.

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Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce that Mark R. Krogstad has become a partner in the firm.

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Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce that Terry N. Prendergast has joined the firm as an Of Counsel attorney.

The gift tax annual exclusion amount and estate tax exemption amount have been determined for 2017. This article provides a table of these figures.

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Davenport, Evans, Hurwitz & Smith, LLP is pleased to announce the addition of a new attorney to the firm, Ashley G. Blake.

Davenport, Evans, Hurwitz & Smith LLP is pleased to announce the firm’s selection by U.S. News & World Report and Best Lawyers for inclusion in the 2017 edition of The Best Lawyers in America^©. Davenport Evans was named a Tier 1 firm in 16 practice areas.