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North Dakota Questions & Answers
0 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for North Dakota on
Q: store closes at 7pm and employee stays late to finish their duties, with permission to find out that their not

In North Dakota

The time sheets have been tampered with as in shows actually worked time then adjusted work time shows didnt... also when asked about it GM says he doesn't know if any work was actually being done during them times. There is suppose to me a manager there until everyone... View More

0 Answers | Asked in Family Law for North Dakota on
Q: My grandmother has recently had a guardianship hearing and two lady’s from Lutheran social servises came to here house

And took her check book and bank card and left her with no way to access her money she said she didn’t sign anything is this leagal

0 Answers | Asked in Traffic Tickets for North Dakota on
Q: What should I say for my defensive in court for a speeding ticket?

I was on the interstates going 87 in a 75. And then about 5 minutes after the officer sped past me without his lights on. How is it fair?

0 Answers | Asked in Criminal Law for North Dakota on
Q: Am I eligible to receive a pardon for my felony at this point in time? Detailed explanation below.

I was convicted in April of 2022 of a Class C Felony on my record for Possession with Intent to Deliver/Manufacture Marijuana, plus two Class A Misdemeanors and two Infractions given under the same case. I would like to seek a pardon just for the Felony. There is only one major question at this... View More

0 Answers | Asked in Probate for North Dakota on
Q: Do surviving spouse's separate assests count toward augmented estate?

My father passed away last year. His spouse has a conservator (her sister) that is contesting the will. The will has several TOD's to my brother and I (real estate, personal properties. et al.) no cash. The conservator was sent discovery and did not report all surviving spouse's assets,... View More

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Without $ for an attorney, how do i get a court order inforced?

Father refuses to follow any part of court order, very controlling will not even speak with me or even read messages even though they are concerning my son. He knows I don't have money for an attorney and uses that to keep my son.

Lucas Wynne
Lucas Wynne
answered on Jul 5, 2024

Call legal services or learn how to file a motion from the state courts website and ask for an order to show cause

1 Answer | Asked in Divorce and Civil Litigation for North Dakota on
Q: My ex and I lived together and both dogs are under her name at the vet.Could I get these dogs or am I out of luck?

We lived together for 3 years. I bought all of the dog food all 3 years. I fed, let out the dogs, walked them pay for grooming, pay for daycare, and pay for vet bills 90% of the time. I spend time with them and play with them but she doesn’t. I feel the dogs are considered property but surely... View More

Lucas Wynne
Lucas Wynne
answered on Jul 5, 2024

Who bought them and registered them? That’s the owner, end of story.

1 Answer | Asked in Estate Planning and Probate for North Dakota on
Q: Life insurance beneficiary question.

Mother-in-law passed away this April. Father-in-law passed away in 2018. They had only two sons, my husband and his brother. MIL law was in a nursing home for the last two years. She had nothing but her investments, which have already been distributed. Found a life insurance policy for $10,000.... View More

James L. Arrasmith
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answered on Jun 10, 2024

Given the situation, it sounds like you need to handle the portion of the life insurance intended for your deceased father-in-law. Since he passed away in 2018 and there is no estate due to your mother-in-law being in a nursing home, an estate affidavit might not be the appropriate form for this... View More

1 Answer | Asked in Estate Planning and Probate for North Dakota on
Q: Hi! My mom passed away in 2022 and she left everything to me in will. It has been probated and filed in the court. All o

Some how my sister’s name appears on the property. My mom didn’t know about it

Anthony M. Avery
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answered on May 31, 2024

If a decedent does not own a property at his death, then it does not go to his heirs or devisees. Search the title and see if Mother owned the property. If Mom owned it, then eject the occupant. Your lawyer should have told you what the assets were when you did the inventory.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for North Dakota on
Q: Do I have grounds for a lawsuit for false accusations by maintenance property manager

I have 2 esa dogs. I gave them the required paperwork showing that they are esa. Got a call asking if I had a third because my partner was seen walking with a dog. I told them i did not, and was met with hostility claiming they had to make sure because I allegedly had “duped” them into taking... View More

James L. Arrasmith
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answered on Apr 16, 2024

Determining whether you have grounds for a lawsuit based on false accusations by your property manager involves several factors. Generally, to pursue a defamation claim, you must prove that a false statement was made to others, that it caused you harm, and that it was made without adequate basis in... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Traffic Tickets and DUI / DWI for North Dakota on
Q: I got pulled over for window tint, even though it was legal, and the police did not meter it or give me a ticket of it..

But ended up giving me a dui because I refused the breathalyzer.

But the windows were of legal tint. Can I win and get it all thrown out?

James L. Arrasmith
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answered on Mar 29, 2024

If you were pulled over for window tint but were not ticketed for that specific issue, it indicates the initial stop may have been justified under the officer's belief that a violation occurred. However, the outcome of being charged with a DUI because of refusing a breathalyzer is a separate... View More

1 Answer | Asked in Tax Law, Immigration Law and International Law for North Dakota on
Q: I have an H2A worker that is on our farm since 2023 and needs advise on filing income tax responsibilities

He is waiting on a green card so will continue to stay here till 2025 hoping by then he has his green card. He also did not file taxes in his country in 2021 and 2022 when he went home. Our agent said we did not need to withhold taxes but now that he is staying here and we do not have a tax treaty... View More

James L. Arrasmith
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answered on Mar 20, 2024

Understanding and complying with tax laws is crucial, especially for H2A workers like the one on your farm. Since he is from South Africa and has been working in the U.S., he may need to file U.S. income taxes, despite the lack of a tax treaty between the U.S. and South Africa. The requirement to... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for North Dakota on
Q: Hello my brother passed away last Friday in North Dakota . I was told he was decease then alive. Do I have a case

I tried calling the girl answer the phone ( Madison ) refuse me to speaking with anyone . The hospital gave out information to non family members . I was told no one was available to talk to but the person answering the phone which I know isn’t true . Being told your love one is decease then a... View More

Lucas Wynne
Lucas Wynne
answered on Mar 23, 2024

No

1 Answer | Asked in International Law and Native American Law for North Dakota on
Q: Hello how do I go about getting rid of the Voice to skull Technology and Remote Neural Monitoring.?

I seek to get rid of the criminals spying on me and potentially illegally broadcasting my life and family’s life to the town, country and world.

James L. Arrasmith
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answered on Mar 31, 2024

If you're experiencing concerns about privacy intrusion through technologies like Voice to Skull (V2K) and Remote Neural Monitoring (RNM), it's essential to approach the situation with a clear and cautious mindset. These technologies, often discussed in speculative contexts, can evoke... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on
Q: Son had a public defender, but requested different. Then that PD ended up defending the person accusing my son in a

Federal drug case. Is that legal?

James L. Arrasmith
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answered on Jan 26, 2024

In the scenario you've described, where a public defender initially assigned to your son in a federal drug case ends up representing the person accusing your son, there are potential concerns regarding conflicts of interest. In legal practice, particularly in criminal defense, attorneys are... View More

Q: I'm hearing impaired and applied for a job and they denied me because of my hearing. They are a large oil company.

They did the interview and and all went well and then they found out I was hearing impaired and said they wouldn't hire me because of my hearing issues and when I asked if there was anything I could do with them that my hearing wouldn't pose a problem and that im open to do any work I can... View More

James L. Arrasmith
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answered on Jan 12, 2024

Under U.S. federal law, specifically the Americans with Disabilities Act (ADA), it is generally illegal for an employer to deny employment based solely on a disability, including hearing impairment, especially if the employer has 15 or more employees. This law requires employers to provide... View More

1 Answer | Asked in Nursing Home Abuse for North Dakota on
Q: Do you guys investigate money issues in nursing homes

My mom went from Parkwood place to Valley Senior Living,before she could get into Parkwood her funeral had to be paid for ,and it was ,after talking me into moving my id they had canceled her life insurance mom's bank account to their facility both of us were died taking money out for... View More

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2024

I'm sorry about the loss of your mother. A North Dakota attorney could advise best, but your question remains open for three weeks. Some questions go unanswered, but you could try reposting and including Probate, Estate Planning, and Elder Law as categories. Good luck

1 Answer | Asked in Immigration Law for North Dakota on
Q: My brother was denied visa into the US due to fraud that he was involved in in 2010.

Can he file Form I-192: Application for Advance Permission to Enter as Nonimmigrant? Where can this be filed since he lives abroad? is it with the consulate or embassy? Thanks

James L. Arrasmith
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answered on Dec 18, 2023

In cases like your brother's, where there's a previous incident of fraud leading to visa denial, Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, can be a path to consider. This form is used to apply for what is known as a "waiver of inadmissibility,"... View More

1 Answer | Asked in Employment Law for North Dakota on
Q: Is memorandum of understanding for tuition payment between employee/employer legally binding if the employee quits?

My employer paid part of my tuition and had me sign an MOU stating I would pay it back in full if my employment ended within 5 years of completing school. Is that legally binding if I quit or if I’m fired?

T. Augustus Claus
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answered on Dec 14, 2023

In North Dakota, the enforceability of a Memorandum of Understanding (MOU) outlining tuition repayment upon employment termination depends on the specific terms in the agreement and relevant state laws. Generally, contracts like MOUs are binding, but whether repayment remains valid if you quit or... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: I was convicted of shop lifting a 10.00 item and possession of paraphernalia for marijuana. I went to court and plead gu

Guilty but haven't paid my fines due to being unemployed. It was almost a year ago. If I pay the fines now could I still have to go to jail

Lucas Wynne
Lucas Wynne
answered on Dec 5, 2023

I highly suggest paying the fines before they revoke you.

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