We Can Help You With
Helping families in difficult times
At Frieberg, Nelson & Ask, L.L.P. our family law attorneys understand the difficult emotional and financial issues that arise in Family Court proceedings. For sound advice and professional representation, contact Frieberg, Nelson & Ask, L.L.P to discuss your legal needs with a caring, knowledgeable attorney.
Family Law Issues
We handle family law matters that include:
Our family law attorneys handle:
Contested custody disputes
Interstate custody disputes
Joint custody arrangements
Our family law attorneys handle:
Step parent adoption
Special needs adoption
Even if you rely on an adoption agency, the process is long and complicated. We will guide you through the paperwork, explain all the legal ramifications, and ensure all necessary steps are completed.
Child Support Enforcement
If your co-parent is not paying child support that he or she owes, Frieberg, Nelson & Ask, L.L.P. can pursue the benefits to which your children are entitled. Whether you need to modify your divorce decree due to a change in condition, or enforce the agreement you already have, we can help you obtain the support your children need.
Helping families in difficult times
Assisting Families in Crisis
A divorce is never easy. If you are considering a divorce you need an experienced attorney who will explain the legal issues and help you make the decisions that will be in you and your children's best interest. At Frieberg, Nelson & Ask, L.L.P., our divorce attorneys understand the financial and emotional stress that our divorcing clients often face. To speak to an experienced divorce attorney, contact Frieberg, Nelson & Ask, L.L.P. for an initial consultation.
First Separation, Then Divorce
Before you can obtain a divorce in South Dakota, you must have been living separate and apart. unless a spouse is able to establish a fault based ground for divorce, such as physical abuse, alcohol or drug abuse, or adultery. However, all issues relating to the marriage including property division, alimony, custody, and child support can be permanently decided through litigation or agreement before the divorce is granted.
Almost all divorces involve the division of marital property. Assets such as real estate, retirement accounts, family businesses, and personal property must be equitably apportioned between the parties. Debts such as student loans and credit cards must also be properly allocated. We will work with you to help determine the asset division that best meets your needs.
Often the most difficult issue in a divorce is establishing custody of your minor children. The touchstone the court will use in a custody determination is the "best interest of the child." Our attorneys litigate custody disputes in the court room or draft custody agreements providing for the specific needs of our client and the children involved. Frieberg, Nelson & Ask, L.L.P. will provide advice and guidance with issues involving:
- Child support
Alimony can be awarded temporarily while the divorce process is underway or can be awarded permanently with the ability to modify or terminate support based on a change in circumstances. Some of the factors the court will take into account are the duration of the marriage, the income and financial circumstances of the parties, and the fault of either party. Alimony cases are often complex and the assistance of an attorney is crucial in protecting your rights and financial future.
Helping Clients Achieve Their Goals
"My husband passed away. Now what do I do?"
Every day, people ask us that question. The answer, sometimes, may be complicated. At first, our probate attorneys will respond with a few questions of their own.
- Did your loved one write a will?
- If there is a will, how long ago was it written, and what does it say?
- Who are the potential heirs?
All of these questions are part of the process. We can represent you at any stage of probate, and even help determine if the estate requires probate. If you are named as a personal representative, we can advise you through the entire process. To discuss your legal needs in further detail, contact Frieberg, Nelson & Ask, L.L.P. for a consultation.
We handle probate matters that involve
- Probate Administration
- Probate litigation
- Will contests
- Title transfer
- Determination of Heirs
- Creditor Representation
If there is a will
If you have a will, generally, the estate assets will be collected by the personal representative, the debts paid and the remainder distributed to the beneficiaries as directed by the will. Unless there is a will contest, this is usually a straightforward process. If you believe that there is something wrong with the will, due to undue influence or fraud, and you wish to contest the will, we can represent you in probate court.
If there is no will
If your loved one died intestate, the estate is distributed according to state probate law. Frieberg, Nelson & Ask, L.L.P. can help ensure smooth and efficient completion to the intestate proceedings.
There are three documents that every adult should have when planning their estate:
The will distributes your assets and makes provisions to pay your debts. Having a will enables you to distribute your property as you see fit. It also shortens the amount of time your estate spends in probate; reducing the time your beneficiaries have to wait to receive their distribution. A will is also important to direct specific personal property to a specific heir; family strife can be reduced if everyone knows who receives the china or other family heirlooms. It also can address any family limited partnership or business succession issues, if they apply.
- Durable Power
This enables someone of your choosing to make financial decisions on your behalf if you are unable to do so.
A health care directive works like a power of attorney, except it covers health care decisions instead of financial decisions. Unlike a conservatorship, which your relatives must pursue if you are unable to make your own decisions, you draft a healthcare directive yourself while you are of sound mind and lucid. Included in the healthcare directive is a "living will" which leaves instructions if you fall into a terminal coma.
Trusts are powerful, flexible legal instruments. They can be used to fund charities, provide for an heir's education, or provide for your own care in your later years. You can also use trusts for estate tax planning purposes and to avoid probate.
Elder Law & Estate Planning
Helping families in difficult times
The country's average age is advancing all the time, and now even baby-boomers are dealing with health issues and legal concerns they had not anticipated. The lawyers at Frieberg, Nelson & Ask, L.L.P. will help you prepare for long-term health care needs, applying for government programs, addressing financial fraud, and combating physical abuse of the elderly. Our attorneys can also assist in establishing guardianships and conservatorships when needed. Our firm practices in the following areas of Elder Law:
- Powers of Attorney
- Health Care Powers of Attorney
When we founded this firm, probate was one of our main focuses. We saw many examples of the unfortunate consequences of an out-of-date estate plan or intestacy. The lack of a will or a current estate plan often cost the beneficiaries a great deal.
We offer comprehensive estate planning services to our clients to prevent these types of problems from occurring. Advance planning made a great deal of difference for our clients and their families. Whether your estate is simple or vast, our estate planning lawyers give you the tools you need to provide for your heirs and make your final wishes clear. If you would like to discuss you options, contact Frieberg, Nelson & Ask, L.L.P. for a consultation.
Real Estate Law
Protecting your Investment
More and more Americans are becoming homeowners. In 2000, the homeownership rate in the United States reached 67.7 percent. Many Americans do not believe purchasing a home is a feasible option. If you are considering a home purchase, contact an experienced residential real estate attorney to discuss available programs that can make it easier for you to purchase a home
Owning a home is the American dream. For many, it is also their largest financial investment. With stakes this high, do not leave anything to chance. Before you buy, contact a real estate lawyer who can guide you and advise you of potential problems. We ensure your title is clear and the closing proceeds properly and help you achieve your dream of owning a home.
Contact Frieberg, Nelson & Ask, L.L.P. to discuss your real estate needs.
Home Ownership - An Overview
Buying a home is often a consumer's biggest investment. Residential real estate transactions are covered by a complex web of federal and state laws. The requirements established by state law often differ significantly from one state to the next. A residential real estate lawyer can assist a buyer or seller through the complexities of these transactions. If you are considering buying or selling property, call today.
Several different contracts are involved in a typical residential real estate transaction. A listing agreement is the contract between the seller and the listing broker. It sets out listing terms, the seller's preferred sales price, and the commission rate. Most of these conditions are negotiable, including the commission. The listing agreement is critical to the seller, and he or she should review it carefully and have it reviewed by a lawyer. Once a broker produces a willing and able buyer and all conditions are met, the seller owes the broker his or her full commission, even if the seller decides not to sell.
Buying a Home
Before making an offer on a house, a homebuyer should take his or her entire situation into account. The buyer must consider whether he or she is ready to buy a home, how much he or she can afford, and what terms to offer, among many other things. Negotiating and reviewing the documents for a home purchase can be daunting. An attorney with experience in residential real estate transactions can advise a buyer about his or her rights and negotiate the terms of the contracts involved in purchasing real estate.
Selling a Home
Selling a home is exciting, but it takes some work. A seller will need to make many decisions, including whether to make delayed repairs and whether to use a professional real estate broker. The process can be complicated, with many potential pitfalls. An experienced residential real estate attorney can offer essential advice and guidance throughout the process.
The property description in a deed shows where the boundaries between properties lie. Boundary disputes, which are disagreements regarding who owns a piece of property, still occur on a regular basis despite modern surveying techniques. These disputes are especially common when title and boundary lines were established many years ago. Boundary disputes include fences built "over the line," improvements that are not compatible with the neighbor's use or enjoyment of his or her property, roads or driveways that cross over a neighbor's property, or nuisances on property. An experienced real estate attorney can help find a solution for a boundary dispute.
Every year, thousands of homeowners take on home improvement projects, either on their own or with the help of a contractor. Home improvement fulfills many needs, from increasing a home's value to improving a homeowner's quality of life. A home improvement project can be a good experience, but there are many challenges and legal issues. An attorney who understands home improvement law can help you have a positive experience so you can enjoy the fruits of your labor.
Real Estate Transactions
Our real estate department serves the needs of our clients in all areas of real estate law including:
- Commercial real estate leases
- Buy/sell agreements
- Residential real estate
- Real estate workouts
- Title services
- Mortgage or financing contracts
- Real estate development
- Land use and zoning
Throughout the transaction, we work hard to keep the process both simple and cost-efficient. Whether you are buying your first home or developing an office building, we explain and guide you through the myriad of documents that you need to work through. When it comes to procuring title exams and other real estate documents, we feel our service is unparallel. Throughout the entire process, we are always available to answer questions and address concerns.
Home Ownership Resource Links
U.S. Department of Housing and Urban Development
The U.S. Department of Housing and Urban Development Web site offers information from the federal agency that creates national policy and programs addressing America's housing needs. Especially relevant are the HUD Selling a Home (http://www.hud.gov/selling/index.cfm), HUD Buying a Home (http://www.hud.gov/buying/index.cfm) and HUD Home Improvement programs (http://www.hud.gov/improvements/index.cfm) resources.
Freddie Mac is a stockholder-owned corporation chartered by Congress to keep money flowing to mortgage lenders to support homeownership. This site contains information on the purchase and sale process, homeownership, credit, moving, remodelling, and refinancing.
National Association of REALTORS®
This page provides numerous tools for homebuyers, including ten steps to help a person buy a home.
Personal Injury Law
Protecting your Rights
Have you or someone you love been injured by the recklessness or carelessness of another?
If so, we can help you. At Frieberg, Nelson & Ask, L.L.P., our personal injury lawyers will represent those suffering from personal injury and will fight hard to obtain for you the settlement or jury award you deserve. Contact Frieberg, Nelson & Ask L.L.P. today to speak to a lawyer who is focused on helping you receive the compensation you need.
Personal Injury Lawsuits
We handle personal injury cases that involve:
- Car accidents
- Workers compensation
- Workplace injuries
- Wrongful death
- Brain injury, paralysis, and other serious or catastrophic injuries
- Medical malpractice
- Dram shop issues
- Premises liability such as Slip and fall, inadequate security, and dog bites
Obtaining the Compensation You Need
Whenever you bring a personal injury lawsuit, you are going up against insurance companies and attorneys whose job is to minimize your recovery. At Frieberg, Nelson & Ask, L.L.P., we understand your needs. We know how to structure your case to obtain the maximum compensation for:
- Pain and suffering
- Funeral expenses
- Hospital bills
- Wage loss
- Loss of consortium
- Long term care
If you deal with the insurance company on your own, you may not receive what you need or deserve in a settlement. Furthermore, representing yourself will demand time that you may need to recover from your injuries. As we negotiate your settlement, we will ensure you are informed at every step of the process. The insurance companies all have skilled lawyers who advise them.
Vehicle Accident Law
For the Settlement or Award that You Deserve
Have you been hurt in a car crash?
If you or someone you love has been injured in an auto accident, we know exactly what you face. At Frieberg, Nelson & Ask, L.L.P., our vehicle accident lawyers see the effects of careless drivers every day. We understand the needs of injured people, and we fight hard to obtain the compensation they need. If a careless or reckless driver has hurt you or a loved one, contact Frieberg, Nelson & Ask, L.L.P. today.
Motor Vehicle Accident Cases
We handle motor vehicle accident lawsuits that involve:
- Drunk driving accidents
- People injured on bicycles or as pedestrians
- Injured passengers
- Back and spinal injuries such as paralysis and chronic back or neck pain
- Traumatic brain injury (TBI)
- Wrongful death
Accidents involving trucks and other commercial vehicles are more complicated than ordinary car accident cases. There may be a number of commercial entities involved: the owner of the truck, the employer of the driver, the owner of the trailer, the lessor of the trailer, and the company responsible for loading the truck, and they all may be different. Because a semi or 18-wheeler weighs more than a car, the injuries tend to be more severe. At Frieberg, Nelson & Ask, L.L.P., we have the skill and resources necessary to confront those responsible and obtain fair and just compensation.
If you have sustained injuries in a motorcycle crash, we can help. We understand that many motorcycle accidents occur due to the failure of other drivers to identify motorcycle riders. We are experienced in presenting the facts to a judge or jury, so the negligence of the other driver can be properly assessed and you can receive the compensation necessary to help you recover.
Providing the Tools to Help You Grow
If you currently own a business or are in the process of starting a new business , almost every decision you make has legal consequences: hiring employees, obtaining insurance, contracting with suppliers, building, buying, or leasing property. Before you make these or any of the other important decisions, you need to speak to an experience business law attorney. Our business transaction lawyers can help you start and develop your business, while controlling and minimizing your liability. For more details, contact Frieberg, Nelson & Ask, L.L.P. to discuss your business law needs with an experienced, knowledgeable attorney.
We draft, review, and negotiate business transactions that involve:
- Corporate By-laws
- Operating Agreements for Limited Liability Companies
- Vendor contracts
- Commercial leases
- Third party contracts
We draft contracts and business documents with an eye on risk and liabilities that may arise in the future. Our detailed, meticulous approach ensures you understand all the issues that may develop in your business and know how to operate on a daily basis so that you are protected. Frieberg, Nelson & Ask, L.L.P. will seek to ensure that companies and their owners are shielded from any unnecessary liability.
Business Entity Formation
Part of any successful business plan is choosing the proper form for the business. That choice will determine many issues related to the operation of your business including limited liability, tax consequences, and the day to day operation of your business. Among your choices are:
- Limited Liability Company (LLC)
- C Corporation
- S Corporation
- Limited Liability Partnership (LLP)
The business entity you choose is an important choice that may vary depending on the type and structure of your business. We work closely with you and your business associates to find the entity that is the best fit for you. We also work with you to draft all the documents necessary to form your company and ensure that you are in compliance with local and state law.
Protecting Your Rights
Have you been charged with a criminal offense in South Dakota?
Are you aware of the potential consequences and your options for defense?
At the Frieberg, Nelson & Ask, L.L.P. Law Firm, we have more than 100 years of experience protecting the rights of the accused. We are well prepared to provide you with an aggressive criminal defense in cases anywhere in South Dakota.
Whether you have been charged with a felony or misdemeanor, you need a criminal defense focused on protecting your rights and minimizing any the potential consequences. From negotiating the charges or plea bargains to taking your case to trial before a jury, we will take every available step to make sure your rights are protected and your best case is put forward.
A Powerful Criminal Defense Background
Our law firm Frieberg, Nelson & Ask, L.L.P has a profound understanding of how criminal cases are made — and defended. Our attorney's are well prepared to defend you in virtually any criminal case, such as:
From simple speeding tickets to reckless driving charges, you can reduce costly fines and avoid insurance points when you fight back.
Merely facing a drunk-driving charge does not make you a criminal. The right DUI defense will make sure it stays that way.
We have a strong background defending clients whether they are facing drug possession charges or drug trafficking. We are committed to minimizing the potential consequences.
We protect those accused of any of a variety of theft charges including robbery, burglary and shoplifting.
Economic crimes require knowledgeable, aggressive representation by a criminal defense attorney who understands financial investigations, and has the experience to handle even the most complex case.
If you have been charged with a violent crime, such as murder, homicide, or assault and battery, you face serious potential consequences, such as prison. We will vigorously defend you.
You want the chance to tell your side of the story. The best criminal defense will make sure you get that chance.
No one wants to live with the lifelong stigma of a sex crimes conviction. From rape to statutory rape charges, we can help.