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answered on Aug 7, 2018
Such a stipulation would be null and void as against public policy
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 
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... View More
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.
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
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.
I'm having a land dispute were the other party has deed and I patent.
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
I have a Land Patent and need more proof.
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.
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... View More
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!
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... View More
answered on Aug 7, 2018
Depends on the laws of your jurisdiction. Your State may not require licensing, but your municipality might.
POA without her consent?
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... View More
What am i supposed to do? Should i take her to court in SD or ND?
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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