William E Blewett’s Answers

William E Blewett

Sioux Falls Business Attorney.

Contributor Level 8
  1. I work in South Dakota for an LLC headquartered in California. Does my company need to provide worker's comp insurance for me?

    Answered about 2 months ago.

    1. William E Blewett
    2. John M Connell
    2 lawyer answers

    In the strictest sense of the word, SD does not "require" employers to provide worker's compensation insurance. However, in effect -- it's basically required. Virtually all employers are required to "secure the payment of compensation to the employer's employees...." That's almost always done through what you've called worker's comp insurance. Some employers may be excluded from the insurance requirement if they prove to the state that they are sufficiently solvent to qualify as a self-...

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  2. I have a judgment against my ex-tenants. How do I garnish their wages?

    Answered 2 months ago.

    1. William E Blewett
    2. Dane L Hines
    2 lawyer answers

    I'll answer your second question first; Yes, there is another way, other than garnishment, to collect on your judgment. You can execute on the judgment. This essentially means the sheriff goes out and siezes property or accounts owned by the judgment debtor (and, if necessary, sells them) until an amount sufficient to satisfy the judgment is collected. You'll need to make sure that the judgment is "docketed" in each county where the judgment debtor owns any property. A second way to "...

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  3. Can you put insurance on property that you do not own. The owner is a family member and is not available to sign the papers.

    Answered 3 months ago.

    1. William E Blewett
    2. Mark D O'Leary
    2 lawyer answers

    The best answer would be for the Owner to execute a Power of Attorney naming you as his attorney in fact. This would allow you to enter into agreements on the Owner's behalf. The powers granted could be as broad as allowing management of all financial matters, or specifically limited to obtaining an insurance policy on this house. A POA can be as simple as a one page document. If you're living in the house, but don't own it, there are insurance options that would be available to you, but...

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  4. Will a divorce cancel out a living trust

    Answered about 2 months ago.

    1. William E Blewett
    2. Bryana M Cross
    3. Michael Leo Potter
    3 lawyer answers

    For the most part, a Trust is governed by its own terms. Before you sign anything transferring property in which you have any ownership interest into the trust you should consult with YOUR OWN lawyer. While it could be possible for a trust document to direct the trustee to take some specific action upon a divorce of the trust maker(s), that is not what I'd consider standard Trust language. In short, SD has fantastic trust laws, and it is possible to protect yourself, but you'll need to...

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  5. Question on stipulation & agreement reference in divorce decree

    Answered 3 months ago.

    1. William E Blewett
    1 lawyer answer

    Your question doesn't specify how he's violated the terms of the Stipulation and Agreement (S&A), but you're on the right track as far as what your next step would be. You're right in that if the S&A was approved and incorporated by the Judge in the Judgment and Decree of Divorce, then the terms of the S&A became an Order of the Court. In order to compel your Ex to comply with that Order you'll most likely need to bring a Contempt Motion. (The same Court that granted the divorce has...

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  6. Lawyer fees

    Answered about 1 month ago.

    1. Randy William Ferguson
    2. William E Blewett
    3. Kevin P. Landry
    3 lawyer answers

    I'd be surprised if the medical records were completely irrelevant and your lawyer was still charging for that expense. Keep in mind that these records are often expenses based on an invoice received from a medical provider or med records company. If you think you're being OVERbilled ask to see the original invoices showing the actual amounts paid. If they're your records and the attorney did pay for them up front you should pay that unless your contract said different.

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  7. Can I sue a insurance lawyer and the state for violating my rights in a workers comp case

    Answered about 1 month ago.

    1. William E Blewett
    2. John M Connell
    2 lawyer answers

    I'm sorry to say, but your question is completely unintelligible. If you think your lawyer "took a bribe" you could call the bar association and ask about filing a complaint, but i'd caution you not to file any complaints without some proof.

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  8. I bought a pick up and still don't have the title

    Answered about 2 months ago.

    1. William E Blewett
    2. Ronald Lee Burdge
    2 lawyer answers

    I completely agree with Attorney Burdge's very thorough answer. I'll only add that if you don't have title and if there is a lienholder on the title it's entirely possible that "your" truck coi ld get repossessed. Even if the lienholder isn't on the title, the seller's creditors could execute on (seize) the truck if they get a judgment against him. You're left hanging out there right now in the middle of a bad situation. You should definitely talk with a lawyer to straighten out this deal.

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  9. How much can Social Services legally take out of someone's paycheck for Child Support and arrears?

    Answered about 2 months ago.

    1. William E Blewett
    1 lawyer answer

    For support orders the maximum is 50% to 65% of the individuals disposable earnings per week, depending on the specific situation.

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  10. Can I choose where my child goes in case something happens to me even though father is on birth certificate

    Answered about 2 months ago.

    1. William E Blewett
    2. Kylie Marie Riggins
    2 lawyer answers

    This is a question that I've seen come up quite a bit lately. The answer to your question is complicated. Ordinarily it is the presumption of the law that it is in the child's best interest for a biological parent to have custody. In the majority of cases if something happens to one parent, the other biological parent will be given custody of the child. That being said, the test is always what's in the child's best interest. If a biological parent is not a fit and proper parent, someone else...

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