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Questions Answered by Stefan Dunkelgrun
1 Answer | Asked in Estate Planning for Minnesota on
Q: I am curious about an inheritance that my husband got under the stipulations he doesn’t get it till we are divorced
Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

Such a stipulation would be null and void as against public policy

1 Answer | Asked in Divorce for Minnesota on
Q: Inheritance, Gifting

If a parent sells 2 owned real estate properties to her children equally many years before she died, is it still considered inherited property? If the property is sold, are the proceeds still considered inheritance?

If financial disbursements are made from an estate while the individual is... View More

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

If the property was sold during the parent's lifetime, then it is not inherited property. If the property is subsequently sold, the proceeds are not considered an inheritance.

Please be aware that there are tax implications related to such a transfer, and you should consult with an...
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1 Answer | Asked in Criminal Law and Personal Injury for Minnesota on
Q: Is it legal for people to yell in others' ears? It hurts.

Wondering about people using megaphones, or even yelling, in others' ears. Protesters seem to think it's OK as long as they're not touching the target. I can tell you that it hurts, and I'd like to be able to defend myself against the physical assault.

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

Yelling can be considered assault, depending on the circumstances. However, if you resort to violence, it will be very difficult to claim self-defense

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: If parents were never married but the children has fathers last name who has legal custody
Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

If the parents are unable to sort it out between the two of them, the matter would need to go before a judge. Without further information, it is impossible to determine the outcome of such a proceeding.

1 Answer | Asked in Agricultural Law and Real Estate Law for North Dakota on
Q: Why is federal law supreme to state law in land matters?

I'm having a land dispute were the other party has deed and I patent.

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

Federal law is supreme over state law because as a condition of Statehood, North Dakota passed an Enabling Act ceding all unclaimed land to the Federal Government for disposition. Upon meeting the appropriate criteria (e.g. homesteading), a person could be granted ownership by requesting a land... View More

1 Answer | Asked in Real Estate Law for North Dakota on
Q: How much to file Quit Claim Deed in ND?

I have a Land Patent and need more proof.

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

The cost to file a deed in ND varies, but is generally around $25.

The cost of having an attorney prepare a quit claim deed varies from one attorney to another, but should be a few hundred dollars.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Whether a beneficiary can sell rights of remainder interest while life estate exist ?
Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

Quick Answer: Yes

there is no such thing as a "beneficiary" of a life estate.

A life estate creates a present property right in a future ownership interest. It's like splitting the property in half, but instead of one person getting the left half and the other the...
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1 Answer | Asked in Business Formation for Texas on
Q: I have a DBA w/an EIN. I want to start another business. Do I need an LLC to house them? Or can they stand alone?

I am looking to do the smart thing for structure and taxes. I have an existing DBA with EIN. I want to start a second business. Do I need to create a parent company LLC or something for them to be subsidiaries of, or can they stand alone? Thanks much!

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

You could create a parent company entity, or you could create standalone entities. Both would be viable strategies, depending on your concerns and the risks related to the businesses.

The appropriate type of entity is very much dependent upon the situation. An LLC may not be the...
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1 Answer | Asked in Business Formation on
Q: can you open your home for a vacation rental in the center of residential neighborhood without seeking a license
Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

Depends on the laws of your jurisdiction. Your State may not require licensing, but your municipality might.

1 Answer | Asked in Elder Law for New York on
Q: My grandma has dementia but refuses to sign over power of attorney to me, her son. Can I petition a court to grant me

POA without her consent?

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

Yes, you absolutely can petition the court. It would be a guardianship hearing, and you will be required to prove that she is not capable of making her own decisions.

Keep in mind that the legal standard for capacity varies from state to state, and can be quite difficult to prove. The...
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2 Answers | Asked in Animal / Dog Law for North Dakota on
Q: So like 5 or 6 months ago i sold a puppy to my ex's cousin and she has never paid for him. I live in ND and she SD...

What am i supposed to do? Should i take her to court in SD or ND?

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

If you choose to take her to court, you should do so in SD. If you sue her in ND, she can simply avoid the matter by not setting foot in ND.

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