Lawyers, Answer Questions  & Get Points Log In
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... Read 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...
Read more »

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... Read 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...
Read more »

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...
Read more »

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...
Read more »

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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.