Estate Planning Services in South Dakota

A Last Will and Testament is a legal document that outlines how a person’s property, assets, and personal affairs will be handled after their death. It allows you to name beneficiaries, appoint a personal representative to manage your estate, and designate guardians for minor children. Additionally, having a valid will is crucial in conjunction with a Power of Attorney, as it ensures your wishes are carried out according to your instructions—rather than being decided by state law. This legal document also helps your loved ones avoid confusion, disputes, and unnecessary legal challenges during a difficult time. At Mountain Legal, we assist clients in South Dakota with drafting clear, legally sound wills and trusts that reflect their intentions and comply with all state requirements. Our attorneys make the process simple, confidential, and personalized to your needs.

A trust is a legal arrangement in which a person, known as the grantor, transfers assets to a trustee to manage for the benefit of one or more beneficiaries. Trusts provide flexibility, control, and protection over your assets during your lifetime and after your death, helping to simplify the distribution of your estate, minimize potential legal challenges, and work in conjunction with your Last Will and Testament. Additionally, they can be part of a broader estate plan that includes a Power of Attorney to make decisions on your behalf if you become incapacitated.

There are two main types of trusts:

Revocable Trust: Also called a living trust, a revocable trust can be changed or revoked by the grantor at any time during their lifetime. It allows the grantor to maintain control over the assets while providing a smooth transfer to beneficiaries upon death, avoiding the often time-consuming probate process.

Irrevocable Trust: An irrevocable trust cannot be changed or revoked once established, meaning the grantor gives up control over the assets placed in the trust. This type of trust is often used for tax planning, asset protection, and protecting assets from creditors, while still ensuring beneficiaries receive the intended benefits.

At Mountain Legal, we help clients in South Dakota create trusts tailored to their goals, whether it’s protecting assets, planning for the future, or simplifying estate administration. Our attorneys guide you through every step to ensure your trust is legally sound and aligns with your wishes.

A Power of Attorney (POA) is a legal document that grants someone you trust—called an agent or attorney-in-fact—the authority to act on your behalf in certain matters. Powers of attorney are essential for planning ahead, protecting your interests, and ensuring your wishes are followed if you are unable to make decisions yourself. In addition to a Power of Attorney, having a Last Will and Testament is crucial for comprehensive estate planning to address your final wishes and distribute your assets accordingly.

Financial Power of Attorney

A Financial Power of Attorney allows your designated agent to manage your financial affairs, such as paying bills, handling bank accounts, filing taxes, or managing investments. This type of POA is crucial for ensuring your finances are managed smoothly if you become incapacitated or unavailable, providing peace of mind that your financial interests are safeguarded.

Healthcare Power of Attorney

A Healthcare Power of Attorney gives your agent the authority to make medical decisions on your behalf if you are unable to do so. This can include treatment decisions, choosing healthcare providers, and making end-of-life care choices in accordance with your wishes, ensuring that your healthcare preferences are respected.

Living Will

A Living Will is a related legal document that specifies your preferences for medical treatment if you are terminally ill or unable to communicate your decisions. While a Healthcare POA appoints someone to make decisions for you, a Living Will ensures your personal medical wishes are clearly documented, complementing your estate planning alongside trusts and other legal instruments.

At Mountain Legal, we help South Dakota clients create comprehensive estate planning documents, including Powers of Attorney, Living Wills, and Last Wills and Testaments, to protect both their financial and healthcare interests. Our attorneys ensure your documents are legally valid, personalized, and aligned with your wishes.

Creating your estate plan online offers the same trusted legal protection you’d expect from a traditional law office—without the inconvenience. At Mountain Legal, our online estate planning services allow you to meet securely with licensed attorneys, review documents digitally, and sign from anywhere, saving you time and travel. You’ll receive the same personalized attention and legally valid documents for your Last Will and Testament or Power of Attorney, but with the flexibility to plan on your schedule. Whether you’re updating a will, setting up trusts, or preparing powers of attorney, our online process makes estate planning convenient, efficient, and accessible—all with the guidance of real attorneys every step of the way.