605.665.5009

Practice Areas

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Example of a List

  • 20+ Years of Serving the Area
  • Locally Owned
  • Experience & Capabilities

Personal Injury

MWH attorneys assist people who have been injured as the result of the negligent or wrongful conduct of others. Our attorneys will try to negotiate a settlement, but we will not hesitate to take our client’s case to trial if necessary.

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What We Do

  • Collisions

    We help people who have been injured in car or truck crashes.

  • Products Liability

    We represent people who are injured while using a poorly designed product. We have handled product claims involving cars, trucks, farm equipment and implements, power tools, and industrial equipment.

  • Falls

    We help people who have been injured due to poor maintenance or other unsafe condition of a sidewalk, driveway, parking lot, or other property.

  • Professional Malpractice

    We help people who have been injured as the result of the negligence of a doctor, dentist, accountant, or other professional. Our experienced attorneys can evaluate your claim and help you hold the responsible party accountable.

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Banking & Creditor Rights

MWH attorneys represent banks and other parties in loan review, loan collateralization, loan workouts, debt collection, receiverships, and mediation. We can assist in the review of loan documents, including mortgages, notes, and security agreements, and we can represent clients in bankruptcy court when needed. We recognize that working out a repayment plan is often more beneficial than protracted litigation, and we work with our clients to find the best possible alternatives.

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What We Do

  • Loan Documents

    We assist in the preparation and review of various loan documents, including promissory notes, security agreements, mortgages, and guaranty agreements.

  • Debt Collection

    We help creditors collect their debt, whether through foreclosure proceedings, garnishment, receiverships, replevin actions, or other non-judicial voluntary proceedings.

  • Bankruptcy

    We represent creditors in bankruptcy proceedings involving both commercial debt liquidation or restructuring, and agricultural debt liquidation or restructuring.

  • Mediation

    We represent creditors in farm mediation.

  • Civil Litigation

    We represent creditors in a variety of civil litigation matters, including foreclosures and garnishment proceedings. See our section on Civil Litigation for more details.

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Estate Planning

MWH attorneys understand that it is important to plan for the future of your family and business. Whether it is assisting a young couple with getting the proper documents in place to make sure their children are protected in the event of an untimely death or assisting a farm family with the transition of their agricultural business to the next generation, we have the tools and knowledge to make planning simple and accessible to everyone.
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What We Do

  • Wills

    We draft wills for our clients. A will tells the court how you want your property transferred upon your death.

  • Trusts

    We prepare revocable trusts which allow a family to avoid probate, yet still retain full control of assets during life. We also prepare more complex trusts, including irrevocable gift trusts, life insurance trusts, and grantor installment trusts.

  • Powers of Attorney

    We help clients with both business and medical powers of attorney so that they have an agent nominated to act on their behalf in the event of disability.

  • Prenuptial Agreements

    We help clients prepare for marriage by providing guidance on prenuptial agreements.

  • Probate

    We represent personal representatives and executors in probate, which is the process by which a court appoints a personal representative to act on behalf of your estate. We handle all probates at an hourly fee, not a percentage of your estate.

  • Trust Administration

    We work with both professional trustees and individual trustees to make sure that trust provisions are followed and that all administration requirements are completed.

  • Business Entities

    We can help you create business entities to facilitate the transition of your business to the next generation. See our Business section for more details.

  • Civil Litigation

    We represent clients in will contests, trust contests, and claims involving fiduciaries (i.e., trustees or personal representatives).

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Civil Litigation

MWH attorneys have experience handling disputes involving both individuals and businesses. Our attorneys are licensed in both state and federal courts, and are also experienced in mediation and arbitration.

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What We Do

  • Business Disputes

    We handle contract disputes, including those involving franchise agreements. We can also work with your business concerning personnel issues, discrimination allegations, dissolution, and other commercial disputes.

  • Real Property

    We handle real estate matters, including quiet title actions, boundary disputes, partition claims, and landlord/tenant disagreements. Our attorneys also represent landowners in drainage disputes and zoning proceedings. Our Banking and Creditor Rights attorneys handle litigation involving foreclosures, garnishments, receiverships, and other collection matters. See our Banking and Creditor Rights section for more details.

  • Construction

    We handle defective construction claims for both residential and commercial buildings, and often represent construction and design professionals in construction disputes. We also can represent individuals in filing a mechanic’s lien and foreclosing on that lien.

  • Trusts & Wills

    We represent individuals and fiduciaries involved in will contests, trust contests, and matters involving breach of fiduciary.

  • Injuries

    We represent people who are injured as the result of the actions of another person. See our section on Personal Injury for more details.

Who Should You Contact

Business Law

MWH attorneys work with your business at all stages – formation, operation, purchase, sale, or dissolution. We work with all types of companies, from single-member entrepreneurial start-ups to long-established multi-shareholder entities. We can also help you develop a succession plan for the business. Our attorneys take the time to get to know your business so that we can provide top-notch representation to you.

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What We Do

  • Entity Creation

    We can help you create a partnership, limited liability company, or corporation to provide both organizational structure and liability protection for your business.

  • Buy/Sell Agreements

    We can help you develop mutually beneficiary buy/sell agreements to address death, disability, or resignation of an owner.

  • Acquisitions or Sales

    We can help you buy a new business or sell your current business, whether through asset purchases, stock sales, or some combination of asset and stock sale.

  • Civil Litigation

    We have attorneys experienced in all types of business litigation, including contract disputes and collection matters. See our Civil Litigation profile for more detail.

Who Should You Contact

Real Estate

MWH attorneys regularly represent individuals and businesses in real estate transactions, including agricultural and commercial real estate financing and leasing. We also work with real estate and hotel developers and have experience creating development entities.

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What We Do

  • Purchase Agreements

    We can prepare purchase agreements for residential, commercial, or agricultural real estate sales.

  • Contracts for Deed

    We can help set up a contract for deed along with the necessary escrow documents to enable the seller to finance all or part of the transaction.

  • Easements

    We can prepare easements for irrigation as well as access to property.

  • Deeds

    We can prepare warranty deeds or quit claim deeds as appropriate for the transfer of real property.

  • Mortgages & Foreclosures

    Our Banking and Creditor Rights attorneys can assist with the preparation of mortgages as well as foreclosure actions in the event of default on a note or contract for deed.

  • Civil Litigation

    Our team of trial attorneys can assist in various real estate litigation matters, including quiet title actions, partition claims, and boundary disputes. See our section on Civil Litigation for more details.

Who Should You Contact

Education Law

MWH attorneys have a long history of representing school districts on student, employee, and policy issues. MWH attorneys have also served as general counsel for Mount Marty College, Incorporated, for over 30 years.

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What We Do

  • Contract Negotiations

    We represent education providers in contract negotiations with teacher unions or other employee groups.

  • Personnel/Students

    We assist our education clients on personnel issues as well as student discipline matters.

  • Policies

    We help our education clients develop and establish governing policies. Our attorneys are well-versed in the rules on Title IX compliance and can help create Title IX compliance policies as well as assist with staff training.

  • Federal and State Regulations

    We help our education clients navigate federal and state statutes and regulations to ensure compliance.

  • Civil Litigation

    We represent our education clients in both administrative and civil proceedings.

Who Should You Contact

Questions?

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Marlow, Woodward & Huff, PLLC

200 W 3rd St • Yankton, SD 57078

605.665.5009

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