Estate Planning & Probate

Protecting your legacy and guiding your loved ones

Planning for peace of mind

Local guidance for families in Rapid City

Estate planning is one of the most meaningful steps you can take for your family’s future. Whether you want to draft a simple will, set up a trust, or prepare for incapacity with powers of attorney, having the right plan brings clarity and security. If a loved one has passed away, we also guide families through the probate process, handling legal details with compassion. George Nelson helps South Dakotans protect what matters most while easing the burden on their families.

Personalized estate planning

Documents that reflect your values and goals

Every family’s needs are different, which is why we create tailored plans for each client.

Wills

Ensure your assets are distributed as you intend and name guardians for minor children.

Trusts

Consider a revocable living trust to avoid probate, protect privacy, or manage more complex estates.

Powers of attorney

Authorize someone you trust to handle financial or legal matters if you become unable.

Healthcare directives

Document your wishes for medical care and appoint a healthcare agent to make decisions on your behalf.

Wills versus trusts

Choosing the right tool for your situation

Wills are the foundation of most estate plans and are often sufficient for straightforward estates. Trusts can offer additional benefits, such as avoiding probate, keeping financial matters private, or addressing out-of-state property ownership. George will review your unique circumstances and recommend whether a will alone is appropriate or whether a trust provides advantages for your family.

Probate and estate administration

Guiding families through the legal process after loss

Probate is the court-supervised process of validating a will and distributing a deceased person’s estate. It can take months and involves filing documents, notifying creditors, and distributing assets. For executors and families, this process can feel overwhelming, especially in a time of grief. George assists with every step, from filing the initial petition to closing the estate, ensuring deadlines are met and disputes are minimized. If no will exists, we also handle intestate estates under South Dakota law.

Preserving your legacy and minimizing hassle

Strategies for smoother estate transitions

Effective planning goes beyond drafting a single document. We advise on strategies like designating beneficiaries on accounts, using joint ownership, and coordinating your estate plan with retirement or life insurance policies. These steps help your loved ones avoid unnecessary delays and costs, ensuring your wishes are carried out as easily as possible.

Estate planning and probate questions in South Dakota

Straightforward answers from a Rapid City estate lawyer

Here are answers to some of the most common questions clients ask.

  • Who needs a trust instead of just a will?

    Trusts are most useful for families with larger or more complex estates, those who own property in multiple states, or those who want to avoid probate and maintain privacy. For many others, a will may be enough. We’ll help you evaluate which option fits your needs.

  • How are probate attorney fees determined in South Dakota?

    Fees typically depend on the size and complexity of the estate and the time involved. We strive to keep fees transparent and reasonable, and we can often provide an estimate at the start of probate so families know what to expect.

  • How often should I update my will or estate plan?

    It’s recommended to review your estate plan every three to five years, or after major life events such as marriage, divorce, the birth of a child, or acquiring significant new assets. Keeping your documents up to date ensures they always reflect your wishes.

  • What if I own property in another state?

    Owning property outside of South Dakota can complicate probate because multiple states’ laws may apply. Creating a trust or adjusting ownership of that property may help streamline things. We can advise on strategies to reduce costs and delays.

  • Do all estates have to go through probate?

    Not necessarily. Smaller estates may qualify for simplified procedures, and assets with beneficiary designations (like life insurance or retirement accounts) usually bypass probate. We’ll review your situation to determine the most efficient path.