Estate Planning, Elder Law, and Probate

Davenport Evans law firm in Sioux Falls, SD provides expertise in all aspects of estate planning, elder law, and probate matters. Our attorneys offer a broad range of services including wills, powers of attorney, and South Dakota trusts, probate, and other elder law matters.

In addition, our attorneys have extensive experience with dynasty trusts, directed trusts and asset protected trusts. The following are some Estate Planning resources that may be of use to families, individuals and financial planning professionals.

How to Prepare for Your Will

Below are answers to some Frequently Asked Questions about Estate Planning. Feel free to review, and then contact a Davenport Evans estate planning lawyer to personally guide you through the process.

Get to know a lawyer here, and find their contact information: Sarah Richardson Larson (SD), Matthew W. Van Heuvelen (SD, IA), Mark R. Krogstad (SD, MN), Mary A. Akkerman (SD, IA, MN, FL), Lori M. Rensink (SD, MN) and Dillon D. Kober (SD).

Frequently Asked Questions About Estate Planning

What information or documents do I need before I call or email an estate planning lawyer?
- No documentation is needed, but an estate planning questionnaire is available to assist you, if desired. Request one here.
What are some basic estate planning documents?
- Will
- Durable Power of Attorney for Financial Matters
- Advance Directives, such as a Durable Power of Attorney for Healthcare Decisions and a Living Will
- Revocable Living Trust
What is the process?
- Either call directly or email your name and contact information to the estate planning lawyer of your choice from the list above.
- Your estate planning lawyer will visit with you to review your estate planning objectives and to discuss the preparation of your estate plan documents.
- Once your estate plan documents are finalized, the documents can be signed and notarized remotely from your own home via a smartphone or a computer.
What does it cost?
- Each estate plan is uniquely suited to the client, so the cost will vary. After your initial visit, an estimate of the cost can be provided by the estate planning lawyer.

This is a great time to take care of your Will and other estate planning needs. Our lawyers at Davenport Evans are here to personally guide you through the estate planning process.

Estate Planning at Davenport Evans

Prenuptial Agreements Explained

Sarah Richardson Larson speaks on the importance of estate planning and explains prenuptial agreements in the videos below. Full transcripts available on YouTube below each video display.

Davenport Evans estate planning and trust attorneys include: Sarah Richardson Larson*, P. Daniel Donohue*, Catherine A. Tanck, Terry N. Prendergast, Matthew W. Van Heuvelen (SD, IA), Mark R. Krogstad (SD, MN), Mary A. Akkerman* (SD, IA, MN, FL), and Lori M. Rensink (SD, MN).

*Denotes a member of the American College of Trust and Estate Counsel (ACTEC). The American College of Trust and Estate Counsel is a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors. Its members work to teach those who enter the field and to improve and reform laws, procedure and standards while working with their peers and other professional organizations. P. Daniel Donohue is a member of the Board of Directors of the American College of Trust and Estate Counsel Foundation.

Trust Resources

Trust Law Podcast: Terry Prendergast was the guest of Bridgeford Trust Company discussing South Dakota’s modern trust law and South Dakota as a top tier jurisdiction.
Using a Trust to Provide for the Future of Your Children
Common Questions on Asset Protection Trusts
Special Needs Trust
Heimer, Matthew. “Why rich families love South Dakota.” The Wall Street Journal. 16 Jan. 2014. Market Watch.
Greenberg Traurig LLP. “Tinkering with Irrevocable Trusts – Decanting” National Law Review. Saturday, February 11, 2017.
Martin, Scott. “South Dakota Proves Irresistible to National Advisors Trust.” 18 June 2013.
Steve Oshins 7th Annual Dynasty Trust State Rankings Chart
Steve Oshins 10th Annual Domestic Asset Protection Trust State Rankings Chart
Steve Oshins 6th Annual Trust Decanting State Rankings Chart

Iowa Resources

Davenport Evans Lawyer Matt Van Heuvelen

Davenport Evans Estate Planning and Trust Administration attorney Matthew W. Van Heuvelen, an Iowa native, is licensed in Iowa and South Dakota. Matt’s practice includes estate planning, probate, trust administration and business transactions. He has experience handling Iowa probate matters. At Davenport Evans, the cost of this service is based on the time required to complete the work, not on the value of the estate.

Davenport Evans Estate Planning and Trust Administration attorney Mary Akkerman is licensed in Minnesota, South Dakota, Iowa, and Florida. Her practice is devoted to estate planning, including dynasty trusts, domestic asset protection trusts, estate and trust administration, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals, and related litigation. She is skilled at establishing public and private trust companies in South Dakota and regularly works with U.S. and international families and advisors.

Iowa Inheritance Tax Does Not Apply to Every Estate

We frequently receive questions from our Iowa clients regarding Iowa’s Inheritance Tax. Inheritance taxes in Iowa can be onerous, but fortunately, many Iowa estates are exempt from Iowa’s Inheritance Tax. The Tax is calculated on the value of each beneficiary’s share of the Estate. However, distributions to many beneficiaries are exempt from the Inheritance Tax. Property passing to spouse, children (biological and legally-adopted children), stepchildren, grandchildren, great-grandchildren, and other lineal descendants is exempt, as is property passing to parents, grandparents, great-grandparents, and other lineal ascendants. Proceeds from life insurance are also exempt if paid to a named-beneficiary. If beneficiaries who are statutorily exempt from the Tax receive all the assets of an estate, then no Inheritance Tax Return is due for that estate. To discuss your specific questions, email Matt Van Heuvelen or Mary Akkerman, or call 605-336-2880.

Minnesota Resources

Davenport Evans Estate Planning and Trust Administration attorney Mark R. Krogstad , a Minnesota native, is licensed in Minnesota and South Dakota and received a master’s degree in taxation from the University of Florida. His practice is primarily devoted to estate planning, estate and trust administration, tax planning, and business succession planning.

Davenport Evans Estate Planning and Trust Administration attorney Mary Akkerman is licensed in Minnesota, South Dakota, Iowa, and Florida. Her practice is devoted to estate planning, including dynasty trusts, domestic asset protection trusts, estate and trust administration, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals, and related litigation. She is skilled at establishing public and private trust companies in South Dakota and regularly works with U.S. and international families and advisors.

Davenport Evans Estate Planning and Trust Administration attorney Lori M. Rensink is licensed in Minnesota and South Dakota. Her practice is devoted to estate planning and probate and trust administration, taxation, and corporate and business law.

Minnesota Estate Tax and Factors Determining Minnesota Residency

The state of Minnesota imposes an estate tax that not only affects residents of Minnesota, but also can affect non-residents of Minnesota owning real property or other tangible property located in Minnesota or having an interest in a pass-through entity, such as a limited liability company, a partnership or a corporation taxed under Subchapter S, that owns real property or other tangible property located in Minnesota. To discuss your specific questions, email Mark Krogstad, Mary Akkerman, or Lori M. Rensink, or call 605-336-2880.