The Law Firm of Fosheim, Haberstick & Hutchinson was founded by Doug Fosheim, Carl Haberstick, & Reed Hutchinson. We are dedicated to the practice of law in the Huron, South Dakota area. If you have any legal troubles, please give us a call. We would appreciate the opportunity to assist you with your legal issues.
OUR LAW PRACTICE INCLUDES
This area of practice also includes preparation of purchase agreements, acting as an intermediary for 1031 exchanges and preparation of deeds and other legal documents.
The 6th Amendment to the Constitution of the United States and virtually all state constitutions guarantee that a person charged with a crime shall have the right to capable legal representation. Our law firm provides this service.
In our practice this area includes the management of agricultural lands. We determine fair rental values for property, collection of cash rents and crop share rent and preparation of farm leases.
When individuals are injured by another person’s negligence or the creation of a product which causes an unreasonable risk of harm compensable damages may occur and must be valued by a jury if a trial occurs. Damages may include pain and suffering, loss of income and the loss of the companionship of a spouse or the support of a child. This practice endeavors to recover such damages on behalf of the client through negotiations, mediation or trial to a jury.
A trust is traditionally used for minimizing estate taxes and can offer other benefits as part of a well-crafted estate plan. A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary or beneficiaries. This area of practice also includes the drafting of Wills, Living Wills and Powers of Attorney.
This area of practice generally means the representation of an individual in the unfortunate occurrence of a divorce. Many issues are decided in a divorce procedure such as child custody, alimony, and a fair and equitable distribution of the martial assets. This area of practice may also include determining the paternity and custody of a child born out of wedlock.
Social Security Disability
When a person is born that individual has certain entitlements for which he or she may qualify throughout life. A disabled child, for example may qualify for supplemental security income, social security disability benefits in the death of parent or Medicaid. Medicaid is a federally funded program administered by the states. As an adult if a person becomes disabled and has paid in enough to the social security disability program, she may qualify for disability benefits. This practice also includes representation of the disabled person before an administrative law judge or the United States District Court. A person prevails when she is able to establish that she is unable to engage in substantial gainful employment.
Probate is the process of proving up the validity of a proposed Will, appointment of personal representative, determines the creditors of the estate, creates a process to cut off the claims of creditors and adds finality to a deceased persons business and personal affairs. Also, if a person dies without a Will, or "intestate", the court decides which person is best suited to act as Personal Representative. In addition, an intestate probate determines heirs of the deceased based upon statute, determines the creditors of an estate, allows for payment of creditors’ claims and provides for distribution of the decedents property to the heirs. This applies to both testate and intestate probates.
Abuse and Financial Exploitation of Elderly and Vulnerable Persons
South Dakota has enacted numerous legal protections for the vulnerable and elderly. One may seek a protection order from “domestic abuse”. Also, stalking is illegal in South Dakota. One may also seek protection if one has a disability and is unable to protect oneself from domestic abuse. This applies to a person 65 or older who is vulnerable and unable to look out for oneself due to age or disability. South Dakota also protects vulnerable adults from financial exploitation. Our firm has experience in protection of such individuals from family or household individuals engaged in the financial exploitation and from domestic abuse.
Often times it is advantageous for a business to utilize certain entities such as corporations, limited liability companies, limited liability partnerships and limited partnerships in order to take advantage of the tax code, provide employee benefits and protect the owners from liability. These organizations were created to encourage growth and commerce and contribute to the health of our economy. Our practice assists persons who wish to create such entities.
"Change is the law of life. And those who look only to the past or present are certain to miss the future."