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Questions Answered by James W. Martens

1 Answer | Asked in Probate and Estate Planning for North Dakota on

Q: My dad just recently died. I'm fourteen and my step mother is keeping all my dad's stuff. What do I do?

She said I could pick stuff I wanted out of his stuff

James W. Martens answered on May 8, 2018

Presuming your dad died without a will and both of his parents are also deceased, your stepmother would be entitled to the first $150,000, plus half of any balance (i.e., anything remaining above the initial $150,000) of his estate. Not knowing more about the valuations of his property at the time... Read more »

2 Answers | Asked in Probate for North Dakota on

Q: Hi I inherited some land in Williams North Dakota for my father who passed away 2010 my stepmother and my four other Orc

We were each to get 50% stepmother kids 50% us kids get the other when should I start receiving my percentage of the oil wells

James W. Martens answered on May 8, 2018

Not knowing more details it is difficult to say. If you were to contact me and provide more details, I could probably give you a better answer or provide the assistance you need to give you the results you are after.

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2 Answers | Asked in Probate for North Dakota on

Q: My father died 25 years ago without a will. I need to probate his estate now. Are newspaper notices still needed?

This has to do with mineral rights he owned. In 2010, we filed a Death and Heirship document to establish heirs for royalty payments.

James W. Martens answered on May 8, 2018

An informal intestate administration may be possible, but I would want to know more informaton before giving you a definitive answer. I would hire an attorney to make sure it's done properly. As a title examiner, I can't tell you the number of times I've come across estates that were improperly... Read more »

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