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Elder law attorneys in South Dakota focus on the legal issues facing aging adults and their families: Medicaid planning for long-term care, drafting and updating durable powers of attorney and healthcare directives, guardianship and conservatorship proceedings, special needs trusts, and asset protection. Many also handle probate and estate planning, but elder law is the specific subset focused on care planning and benefits eligibility. See the South Dakota healthcare proxy and financial power of attorney forms.
Federal law (and South Dakota's implementation) imposes a 5-year lookback period for Medicaid long-term care eligibility. Any uncompensated transfers (gifts, transfers to family members, transfers to a non-Medicaid-qualified trust) within the 5 years before applying for Medicaid can trigger a penalty period during which Medicaid won't pay for nursing home care. This is the main reason Medicaid planning needs to start years before care is actually needed — and the main reason elder law attorneys exist as a distinct practice area.
Estate planning attorneys in South Dakota average $311 per hourClio Legal Trends Report 2025Verified Jan 1, 2025 for wills and estates work. Flat-fee packages run roughly $933–$1,866 for a simple individual will and $3,580–$5,370 for a basic revocable trust. Online and DIY services cost $30–$300 for the same documents — see the will cost calculator for a side-by-side comparison.
South Dakota has a generous small-estate threshold of $100,000. Estates under that line can use the Small Estate Affidavit procedure, which is a form rather than a court case — most families can handle it without an attorney. For estates above the threshold, formal probate generally benefits from counsel because of the procedural overhead, even when nothing is contested. The South Dakota probate calculator estimates total costs based on estate value.
In South Dakota, the situations where retaining counsel is typically worth the cost are: blended families with children from prior relationships; ownership of a business, rental property, or significant investment assets; special-needs dependents who need a special-needs trust to preserve benefits; substantial property held in multiple states. If none of these describe your situation, the simpler online and DIY tools are often enough.
Search 3,941 estate law firms across 51 states.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to discuss your situation and verify their current practice areas and availability.
15 firms
With over 30 years of proven experience in estate planning and probate, Aspen Legacy Planning in Rapid City provides in-depth legal knowledge and insights to help families build a secure and prosperous future. Services include wills, trusts, powers of attorney, TOD deeds, trust and estate administration, elder law, Medicaid planning, VA benefits, and business and ranch succession planning.
Location
770 Sheridan Lake RoadRapid City, SD 57702
Phone
(605) 610-4016
Established
2006
Bantz, Gosch & Cremer is a multi-attorney firm in Aberdeen with attorneys actively handling estate planning, probate, guardianships, and conservatorships. The firm also provides banking law, corporate formation, personal injury, and criminal defense services.
Location
305 6th Avenue SEAberdeen, SD 57401
Phone
(605) 225-2232
Bennett, Main, Gubbrud & Willert has served Belle Fourche and the Northern Black Hills for over 100 years, providing estate planning, probate, wills, powers of attorney, real estate, agricultural law, and natural resources law.
Location
618 State StreetBelle Fourche, SD 57717
Phone
(605) 892-2011
Service Area
5 counties
Boyce Law Firm is South Dakota's oldest law firm with over 145 years of continuous service. Their estate planning attorneys provide comprehensive will writing, trust creation and administration, probate, guardianship, elder law, special needs planning, and contested estate matters.
Location
300 S. Main AvenueSioux Falls, SD 57104
Phone
(605) 336-2424
Established
1878
Fosheim, Haberstick & Hutchinson is a multi-attorney firm in Huron handling trust and estate planning, probates, guardianships, conservatorships, and protection of elderly and vulnerable persons. The firm also practices real estate, land management, and business law.
Location
303 Illinois Avenue SWHuron, SD 57350
Phone
(605) 352-0702
Gellhaus & Gellhaus Attorneys at Law help families in Aberdeen and throughout Northeastern South Dakota understand the purpose and value of having a Last Will and Testament, Living Wills, Health Directive, Durable Powers of Attorney, and Revocable Trusts. Over 60 years of combined experience.
Location
120 South Lincoln StreetAberdeen, SD 57401
Phone
(605) 225-6522
Established
1985
Harris Law & Co. focuses exclusively on estate planning and related areas, handling wills, trusts, durable powers of attorney, healthcare documents, elder law, Medicaid planning, probate, business succession planning, asset protection, charitable planning, and special needs estate planning.
Location
601 E Tan Tara CircleSioux Falls, SD 57108
Phone
(605) 777-1772
Kennedy, Pier, Loftus, Reynolds & Brandt is a full-service Yankton firm with dedicated estate planning, probate, trust administration, and estate/trust litigation practice. Six attorneys with nearly 50 years of firm history, also serving Nebraska and Iowa from their Hartington office.
Location
322 Walnut StreetYankton, SD 57078
Phone
(605) 665-3000
Established
1977
LaCroix Law Office in Yankton provides estate planning, probate, trusts, wills, and elder law services. Attorney Heather LaCroix is licensed in both South Dakota and Nebraska, serving cross-border clients near the SD/NE border.
Location
806 Belfast Street, PO Box 632Yankton, SD 57078
Phone
(605) 665-2535
Established
2010
Legacy Law Firm offers legal services in estate planning, asset protection, elder law and trusts to individuals and businesses throughout the Midwest. The firm has South Dakota's only Board Certified Elder Law Attorney certified by the National Elder Law Foundation. Serves SD, IA, MN, NE, and ND. 40% discount for first responders and active military.
Location
7404 S. Bitterroot PlaceSioux Falls, SD 57108
Phone
(605) 275-5665