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News

February 14, 2012

GPNA Attorney attends national Young Lawyers Division Meeting

Jeffrey Connolly represented South Dakota during the mid-year meeting of the Young Lawyers Division of the American Bar Association in New Orleans, LA a on February 3rd and 4th. The Young Lawyers Division is the largest young lawyer organization in the world, with over 150,000 members. Mr. Connolly is also a board member of the young lawyers section of the State Bar of South Dakota and the President of the Pennington County Bar Association.



December 12, 2011

Gunderson Palmer law firm moves into historic Elks Building

Gunderson, Palmer, Nelson & Ashmore, LLP has recently moved into the historic Elks Building in the heart of downtown Rapid City. 2011 marks the 100th anniversary of the original construcion on the Elks Building. Our new location gives us a different view of the city that we have provided quality legal service in for over 30 years. Our firm provides a wide range of legal services. We are proud of our reputation for innovative, cost-effective legal solutions to today's challenges and tomorrow's opportunites. We remain "Client Focused, Results Driven." Join our historic progress.



October 26, 2011

GPNA Attorney to Present Landlord-Tenant Seminar in Rapid City

Jeffrey Connolly will serve as one of three faculty members at a seminar titled "Landlord-Tenant Law: Surviving in a Difficult Economy" on November 16th at the Holiday Inn Rushmore Plaza. Mr. Connolly will present lectures on landlord rights and ethics. The seminar will also include presentations on drafting leases, tenant rights, and bankruptcy. The seminar will qualify for continuing education credits in multiple jurisdictions. There is a fee for the seminar, but contact Mr. Connolly to receive a $50 discount. More information can be found at: http://store.sterlingeducation.com/seminar/11SD11285-Landlord-Tenant-Law-Surviving-in-a-Difficult-Economy-Rapid-City-SD.



October 5, 2011

Pat Goetzinger's column discusses the relevence of social media

That fact you are reading this is testimony to the fact social media is a prominent part of today’s technical existence and is here to stay. My October President’s Page discusses social media for lawyers. Let me know how we can make this page more relevant to lawyers. What sites should be linked? What type of posts capture your attention? http://www.sdbar.org/new/lawyers/president.html.

http://www.sdbar.org/new/lawyers/president.html

August 18, 2011

Filing Fee Summary Update

"Filing Fee Summary Update", a Business Law Committee project completed at the direction of GPNA Attorney Patrick G. Goetzinger. Work credited to Lisa Slepnikoff and Karla MacArthur. Follow the link to read the changes.   Read More  



Click Link Below to View Attachment

File Fee Summary Update
(Adobe PDF)

August 9, 2011

GPNA Attorney attends annual Young Lawyers Division Meeting

Jeffrey Connolly represented South Dakota during the annual meeting of the Young Lawyers Division of the American Bar Association in Toronto Canada on August 5th and 6th. The Young Lawyers Division is the largest young lawyer organization in the world, with over 150,000 members. Mr. Connolly is also a board member of the young lawyers section of the State Bar of South Dakota and the President-Elect of the Pennington County Bar Association.



July 19, 2011

Patrick G. Goetzinger elected to State Bar President

Gunderson Palmer law firm attorney Patrick G. Goetzinger recently began his term as President of The State Bar of South Dakota. The State Bar of South Dakota has been in existence since 1931, and was previously know as the SD State Bar Associaion from 1897-1931. Mr. Goetzinger is the 115th President of The State Bar of South Dakota. Follow the link for the offical press release.

http://www.argusleader.com/apps/pbcs.dll/article?AID=2011110701018

June 22, 2011

GPNA Attorney selected to be on SD Legislative Redistricing Committee

David E. Lust has been appointed to serve on the South Dakota Legislative Redistricting Committee and will Chair the Rapid City Conurbation subcommittee. The directive of the Redistricting Committee is to examine the current legislative districts and redraw the district lines as needed based on 2010 Census population reports. Mr. Lust is a Partner of Gunderson, Palmer, Nelson & Ashmore, LLP and District 34 Representative to the South Dakota House of Representatives.



May 19, 2011

GPNA Attorney Completes Life Care Planning Program

May, 2011 —Rapid City, SD: The Life Care Planning Law Firms Association, (LCPLFA), a national network of holistic elder law practices, has announced that Rapid City attorney Thomas E. Simmons has completed The Elder-Centered Law Practice—Life Care Planning for the Elderly, a two-day workshop held in Denver, Colorado that equips attorneys to offer Life Care Planning services.   Read More  



Click Link Below to View Attachment

Press Release
(Adobe PDF)

May 12, 2011

South Dakota Junior Achievement

Volunteering is no “Junior Achievement” One of the ways this firm serves the community is by attorneys and staff members volunteering to assist with Junior Achievement programs. Junior Achievement is an organization whose purpose is to inspire and prepare young people to succeed in a global economy. It strives to do so by providing age-appropriate curricula for teaching students how they impact the world around them, and how to confront the economic and workforce issues they’ll face in the “real world.” Gunderson Palmer is committed to Junior Achievement in a big way. Attorneys David Lust, Patrick Goetzinger, Don Knudsen, Quentin Riggins, Thomas Simmons and Andrew Knutson have volunteered hundreds of hours teaching elementary, middle school and high school students the values JA promotes.



May 11, 2011

NBI Seminar Presentation

Thomas E. Simmons, a well established Estate Planning attorney at Gunderson Palmer law firm, recently participated in a NBI Probate Seminar in Rapid City. His topics of discussion were: "Uncovering the Laws of Intestacy and How they May Apply" and "Putting the Case to Rest: Closing the Estate". Follow the arrow for a brief summary of his presentation.

Determining the laws of intestacy and when they apply requires an analysis of whether an individual decedent had a valid Will, whether they had competency to sign the Will, and whether the Will had been revoked in whole or in part by the decedent or changed circumstances. The law recognizes several valid types of Wills including holographic Wills which are in the decedent’s own handwriting. The laws of intestacy attempt to guess at what a decedent probably would have wanted. In most cases – but not all – the law tends to guess correctly. Closing an estate involves procedural options under the probate code from the more formal to the less formal. Closing an estate will include an accounting unless an accounting is waived by the heirs. Closing an estate at a prudent time also requires a careful analysis of any taxes, creditors or claims that need to be addressed prior to final distributions.

April 15, 2011

GPNA attorney attends the ABA's Bar Leadership Institute

Patrick Goetzinger, a partner with Gunderson Palmer law firm, recently attended the ABA’s Bar Leadership Institute in Chicago, IL on 3/9-3/11. As the President-Elect of the SD State Bar Association, Mr. Goetzinger attended meetings at the 31st annual leadership seminar designed to prepare Bar leaders for their upcoming term as President.



March 3, 2011

Supplemental Needs Trusts

Mixing SNTs (supplemental needs trusts) with IRAs (individual retirement accounts) can result in unanticipated income tax consequences without careful planning. This article discusses some pitfalls and opportunities when naming an SNT as a beneficiary of an IRA. Please follow the link to read the article in its' entirety, and find a piece written by GPNA attorney Tom Simmons on pages 8-9.   Read More  



Click Link Below to View Attachment

Integrating IRA's with SNT's
(Adobe PDF)

February 10, 2011

2011 Stock Show

At the Black Hills Stock Show and Rodeo each year, a number of our attorneys present a free legal seminar to discuss legal issues that affect farmers and ranchers. Topics of discussion this year included: Grandparent Guardianship & Visitation, the New Tax Bill Sumary & Update, "Wait & See" Planning, and Part GIft/Part Sale Land Transfers after the 2010 Tax Changes.   Read More  

For more information, please see attached powerpoint.

Click Link Below to View Attachment

Stock Show 2011 Presentation
(Adobe PDF)

January 20, 2011

GPNA attorney hosts Voter Redistricting Seminar

Sara Frankenstein, a litigation attorney and partner of Gunderson, Palmer, Nelson & Ashmore, LLP recently gave a seminar for the South Dakota Public Assurance Alliance on how to properly redistrict counties in light of the 2010 census results. Her presentation covered the basics of voting ward redistricting, the logistics of how to do it, how to spot issues that require an expert, how to avoid the attention of the ACLU and the Department of Justice and how to work with your planning districts.   Read More  

See attached PowerPoint for more information

Click Link Below to View Attachment

2011 Redistricting PowerPoint
(Adobe PDF)

January 11, 2011

Estate Planning Updates

Gunderson Palmer law firm has a well established Estate Planning practice, and our attorneys work hard to guide clients through the vast number of regulations regarding this area of law. In January 2011, new tax laws were established that had an impact on how people plan for the future, and our Estate Planning attorneys compiled a short letter outlining these changes.   Read More  



Click Link Below to View Attachment

Important Information Affecting Your Estate Plan
(Adobe PDF)

November 10, 2010

Using Trusts To Settle Lawsuits

With only a few exceptions, trusts are the preferred vehicles for settlement funds for children or individuals with disabilities because of greater flexibility and protections for the individual beneficiaries. Often, trusts are overlooked by plaintiff's attorneys because of the perceived costs of delays in waiting for a busy trust attorney to complete the drafting process. On closer examination, these perceived disadvantages disappear in most situations.   Read More  

Read more about this topic by viewing the attached article by Thomas E. Simmons.

Click Link Below to View Attachment

Using Trusts to Settle Lawsuits
(Adobe PDF)

September 8, 2010

GPNA Attorney is elected to serve on SD Trust Task Force

GPNA attorney David E. Lust was recently appointed by Governor M. Michael Rounds to serve on the Governor’s Task Force on Trust Administration. This task force works to ensure that South Dakota is an attractive place for trusts by monitoring and refining South Dakota’s trust laws and regulations. Lust is a partner at Gunderson, Palmer, Nelson & Ashmore, LLP, and focuses primarily on business and commercial matters. He also serves in the South Dakota House of Representatives from District 34, which comprises most of western Rapid City.



August 12, 2010

Trust Decanting

Trust Decanting is the idea that a trustee- with the discretion to distribute funds to a beneficiary- could, in certain circumstances, choose to distribute funds to another trust for the beneficiary's benefit. Carrying this concept to its logical extreme, a trustee might exercise their discretion to distribute all the funds in a trust to the trustee of a new trust, so long as the beneficiary's interests were not impaired. Some cases, in states like Iowa and Florida, have long recognized this implicit trustee power. In South Dakota and a handful of other states, legislatures have recently adopted statutory schemes articulating when and how this trustee power can be utilized. The decanting power can actually permit a trustee of an irrevocable trust to "re-write" the trust by creating a second trust with different provisions from the first, and conveying all trust assets to the new trust. The potential flexibility -as well as the inherent dangers- of the decanting power is truly astonishing.   Read More  

Read more about this topic by viewing the attached article by Thomas E. Simmons.

Click Link Below to View Attachment

Decanting and Its Alternatives: Remodeling and Revamping Irrevocable Trusts
(Adobe PDF)

February 9, 2010

Stock show presentation 2010

At this year's Black Hills Stock Show and Rodeo,five of our attorneys presented a free legal seminar that discussed legal issues that affected farmers and ranchers. Topics this year included: The Federal Estate Tax Mess in Congress & Recent Decisions Affecting Ranchers, Benefits of Gun Trusts, Preserving the Ranch if your Child Divorces, Irrevocable Trusts, and Changes to SD Real Propert Tax Laws.   Read More  



Click Link Below to View Attachment

Stock Show 2010 Presentation
(Adobe PDF)

October 15, 2009

JUNIOR ACHIEVEMENT IN AREA SCHOOLS

School is back in full swing and the attorneys and staff are volunteering in the elementary schools. Several of the attorneys and one staff member are participating in the Western South Dakota Junior Achievement program. Pat Goetzinger, David Lust, Don Knudsen, Amy Koenig, and Mike Gibson are veteran classroom volunteers. Two of our new attorneys, Matt Naasz and Quentin Riggins have joined the teaching group this year. Junior Achievement uses hands-on experiences to help young people understand the economics of life. The experience is a fun learning experience for the students and rewarding teaching experience for the adults that participate.



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© Copyright 2012 Gunderson Palmer Nelson Ashmore, LLP • 506 Sixth Street Rapid City, SD 57701 • P: 605.342.1078 F: 605.719.3471

Daniel E. Ashmore  

Jeffrey R. Connolly  

Sara Frankenstein  

Patrick G. Goetzinger  

Wynn A. Gunderson  

Donald P. Knudsen  

Andrew J. Knutson  

Amy K. Koenig  

David E. Lust  

Shiloh M. MacNally  

Rebecca L. Mann  

James S. Nelson  

J. Crisman Palmer  

Quentin L. Riggins  

Thomas E. Simmons  

Jason M. Smiley  

Jennifer Trucano  

Talbot J. Wieczorek  

Kyle L. Wiese  

Terri Lee Williams  

Agricultural Law Agricultural law is the law governing the art of harvesting crops and raising livestock includes many different areas, from landlord-tenant matters and property law to complex insurance regulations and government programs. (Read More)

Patrick G. Goetzinger  

David E. Lust  

Quentin L. Riggins  

Kyle L. Wiese  

Alternative Dispute Alternative Dispute "ADR" is an alternative to traditional courtroom litigation. (Read More)

David E. Lust  











Business Litigation Business litigation involves disputes between or among one or businesses, and typically involves contractual relationships between the parties. (Read More)

Daniel E. Ashmore  

Jeffrey R. Connolly  

Sara Frankenstein  

Donald P. Knudsen  

David E. Lust  

James S. Nelson  

J. Crisman Palmer  

Quentin L. Riggins  

Jason M. Smiley  

Jennifer Trucano  

Talbot J. Wieczorek  

Kyle L. Wiese  

Business Planning Business planning refers to a wide range of legal avenues that allow businesses to be owned, operated, and transferred such that the best interests of the entity are fulfilled. (Read More)

Patrick G. Goetzinger  

Andrew J. Knutson  

David E. Lust  

James S. Nelson  

Quentin L. Riggins  

Kyle L. Wiese  

Civil Litigation Civil litigation is the practice of representing parties in non-criminal trials. (Read More)

Daniel E. Ashmore  

Jeffrey R. Connolly  

Sara Frankenstein  

Donald P. Knudsen  

Amy K. Koenig  

David E. Lust  

Shiloh M. MacNally  

Rebecca L. Mann  

James S. Nelson  

Quentin L. Riggins  

Jennifer Trucano  

Talbot J. Wieczorek  

Kyle L. Wiese  

Construction Law Construction law includes all aspects of a construction project and the relationships of all the project participants. (Read More)

Daniel E. Ashmore  

Donald P. Knudsen  

Amy K. Koenig  

David E. Lust  

Jason M. Smiley  

Kyle L. Wiese  

Creditors' Rights Creditors' rights involve the rights and remedies for an individual or entity which is owed a debt, either on account of an agreement, services provided, or a judgment. (Read More)

Donald P. Knudsen  

David E. Lust  

Rebecca L. Mann  

Quentin L. Riggins  

Jason M. Smiley  

Criminal Law Criminal law includes the defense of individuals accused of crimes. (Read More)

Jeffrey R. Connolly  

Shiloh M. MacNally  

Rebecca L. Mann  

Quentin L. Riggins  

Terri Lee Williams  

Employment Law Employment law focuses on representing employers and employees regarding all forms of work-place issues, including discrimination, harassment, benefits, contracts, and immigration status. (Read More)

Sara Frankenstein  

Donald P. Knudsen  

Shiloh M. MacNally  

Rebecca L. Mann  

Jennifer Trucano  

Estate Administration Estate administration can be defined as the procedures involved in identifying and preserving assets following an individual's death, and ultimately distributing assets to those persons entitled to receive them at the conclusion of the administration process. (Read More)

Patrick G. Goetzinger  

Andrew J. Knutson  

Quentin L. Riggins  

Thomas E. Simmons  

Estate Planning Estate planning is the process of document drafting (wills, trusts, etc.) and asset titling to ensure the disposition of an estate consistent with the individual clients' specific objectives. (Read More)

Patrick G. Goetzinger  

Andrew J. Knutson  

Quentin L. Riggins  

Thomas E. Simmons  

Kyle L. Wiese  

Family Law Family law encompasses a wide-range of legal services related to marriage and child custody. (Read More)

Rebecca L. Mann  

Terri Lee Williams  











Gaming Law Gaming law focuses on all areas of compliance, contracting and litigation arising out of legalized wagering. (Read More)

Wynn A. Gunderson  

James S. Nelson  

Jennifer Trucano  











Governmental Law As we all learned in our high school civics class, the government in our country consists of the executive, legislative and judicial branches, in addition to administrative agencies. (Read More)

Sara Frankenstein  

Donald P. Knudsen  

Quentin L. Riggins  

Talbot J. Wieczorek  

Kyle L. Wiese  

Terri Lee Williams  

Guardianship &
    Conservatorship
A Guardianship and a Conservatorship, respectfully, refers to the relationship whereby one has the authority and the duty to look after the personal and financial affairs of another. (Read More)

Andrew J. Knutson  

Quentin L. Riggins  

Thomas E. Simmons  

Terri Lee Williams  

Health Law Health law involves representing physicians, hospitals, and all other practitioners of the healing arts in a full range of regulatory and financial matters, including compliance with federal and state healthcare laws. (Read More)

Jennifer Trucano  











Immigration Law Immigration law pertains to nationality and citizenship. (Read More)

Shiloh M. MacNally  











Indian Law Indian law is a complex area of law pertaining to the inherent sovereignty of Indian laws. (Read More)

Jeffrey R. Connolly  











Insurance Coverage Disputes Insurance coverage disputes are most typically resolved in a "declaratory action." (Read More)

Sara Frankenstein  

Donald P. Knudsen  

Amy K. Koenig  

James S. Nelson  

J. Crisman Palmer  

Jason M. Smiley  

Jennifer Trucano  

Insurance Defense Insurance defense is typically in the form of a "bad faith " claim made against an insurance company while corporate defense can involve representation of a corporation to defend charges brought by its shareholders or partners. (Read More)

Daniel E. Ashmore  

Jeffrey R. Connolly  

Sara Frankenstein  

Donald P. Knudsen  

Amy K. Koenig  

James S. Nelson  

J. Crisman Palmer  

Jason M. Smiley  

Intellectual Property Intellectual property or IP pertains to the rights of non-tangible assets. (Read More)

Andrew J. Knutson  











Personal Injury The concept of "personal injury" in the law is much broader than the word "injury" may suggest. (Read More)

Sara Frankenstein  

Donald P. Knudsen  

Shiloh M. MacNally  

Rebecca L. Mann  

James S. Nelson  

Jason M. Smiley  

Jennifer Trucano  

Kyle L. Wiese  

Property Law Property law deals with the transfer, control, and management of land and assets. (Read More)

Patrick G. Goetzinger  

Donald P. Knudsen  

Andrew J. Knutson  

Rebecca L. Mann  

James S. Nelson  

Quentin L. Riggins  

Thomas E. Simmons  

Jason M. Smiley  

Talbot J. Wieczorek  

School Law School law involves the operation and relationships between public elementary and secondary education schools and government agencies. (Read More)

Sara Frankenstein  

Donald P. Knudsen  

David E. Lust  

Shiloh M. MacNally  

Terri Lee Williams  

Taxation Gunderson, Palmer, Nelson & Ashmore, LLP represents clients in all forms of state tax issues where state statutes and regulations impose taxes on private persons or businesses. (Read More)

David E. Lust  

Thomas E. Simmons  

Jennifer Trucano  











Telecommunications Telecommunications law is the law pertaining to the transmission of data through electronic or electromagnetic means. (Read More)

Talbot J. Wieczorek  











Trusts A trust is an agreement between a grantor (or settlor) and a trustee to administer and distribute property for the benefit of one or more beneficiaries. (Read More)

Patrick G. Goetzinger  

Andrew J. Knutson  

Quentin L. Riggins  

Thomas E. Simmons  

Workers' Compensation
    Defense
Workers' Compensation is not insurance in the ordinary sense, but a statutory scheme of strict liability requiring employers, regardless of fault, to compensate for work-related injuries. (Read More)

Daniel E. Ashmore  

Shiloh M. MacNally  











Agricultural Law
Alternative Dispute
Business Litigation
Business Planning
Civil Litigation
Construction Law
Creditors' Rights
Criminal Law
Employment Law
Estate Administration
Estate Planning
Family Law
Gaming Law
Governmental Law
Guardianship &
    Conservatorship

Health Law
Immigration Law
Indian Law
Insurance Coverage Disputes
Insurance Defense
Intellectual Property
Personal Injury
Property Law
School Law
Taxation
Telecommunications
Trusts
Workers' Compensation
    Defense