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North Dakota Questions & Answers
2 Answers | Asked in Probate and Banking for North Dakota on
Q: Do I need the EIN confirmation letter to open a probate estate account at a bank in ND?

I obtained a new EIN number for my grandmother's estate. I want to open a probate estate account at her bank in Mandan, ND. The bank representative mentioned she would inform me if the IRS EIN confirmation letter is necessary, but since it will take 8 to 10 weeks for the IRS to mail it, I am... View More

Nina Whitehurst
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answered on May 9, 2025

An EIN is needed to open a bank account. Your narrative states you already have one so this should not be a problem.

If you actually do not already have one you can obtain one online instantly.

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1 Answer | Asked in Real Estate Law for North Dakota on
Q: Do I own an unmentioned house on auctioned property?

I purchased a property at a state auction in North Dakota, which included an abandoned house. The deed provided did not mention this house or any structures, only township, range, and parcel information. Given that the auction documents also did not reference any structures, do I legally own the... View More

Anthony M. Avery
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answered on Mar 7, 2025

Deeds need legal descriptions of the property conveyed, not what improvements are thereon. That is what the tax assessors are concerned with. Search the title and the land you bought should be yours including structures permanently affixed.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: My grandfather and my neighbors grandfather built a fence between the two of them in the late 30's or early 40's.

A recent survey by a third party shows my fathers house (which my grandfather built) now sits on my neighbors property, approximately 50 feet south of the fence!! My father is deceased and I now own the house and property. This also makes my neighbors property lines not where once thought !!... View More

Anthony M. Avery
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answered on Sep 24, 2024

Adjoining landowners have probably acquiesced to the ascertainable (fence) boundary. You must hire a ND attorney, find witnesses to the fence being up for many years, and you might get a survey to both have an expert witness as well as figure out something to give the other owner. A Boundary... View More

1 Answer | 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

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2024

I'm sorry this happened to your grandmother. A North Dakota attorney needs to advise here, but your question remains open for three weeks. This is not my area of practice - but if your question continues to remain open, you could reach out to elder law attorneys (or law firms with experience... View More

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 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 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

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Gov & Administrative Law for North Dakota on
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 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: If I pay off outstanding warrants would I still have to go to jail?
James L. Arrasmith
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answered on Dec 4, 2023

Paying off outstanding warrants in Fargo, ND, or anywhere else, does not automatically mean you will avoid jail time. Warrants are issued for various reasons, including failure to appear in court or unpaid fines related to criminal matters.

When you pay off a warrant, typically, you are... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for North Dakota on
Q: How can I resolve false assault charges after admitting a false police report?

I falsely made a police report accusing my partner of domestic assault to have him removed from our home, and I physically harmed myself to make the claim. I later informed the police and state's attorney that the report was false, but they do not believe me. Despite my admission, my partner... View More

James L. Arrasmith
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answered on Jul 5, 2025

You are in a serious position, but your willingness to come forward now matters. The justice system is slow to change direction, especially once charges are filed, but your continued effort can still make a difference. The most important step is to provide sworn, written testimony recanting your... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Litigation for North Dakota on
Q: False police report led to wrongful domestic assault charge. How to resolve?

I falsely reported a domestic assault incident and physically harmed myself to have my partner removed from my home, resulting in his arrest and ongoing jail time. Despite notifying the police of the truth, they do not believe me. My neighbor has video evidence of my actions, but I'm hesitant... View More

James L. Arrasmith
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answered on Jul 5, 2025

What you’ve done is extremely serious, but taking action now can still help correct the damage. A false report that leads to someone’s arrest—especially for domestic violence—is a crime in itself, but it’s also something the justice system can work to undo if truth comes to light in time.... View More

1 Answer | Asked in Employment Law, Personal Injury and Gov & Administrative Law for North Dakota on
Q: Impact of a CNA incident on future medical school applications.

I am an 18-year-old CNA from North Dakota, starting college in the fall for pre-med with plans to attend medical school for anesthesiology. I might face having my CNA license revoked due to an incident where a patient fell and was slightly injured while I was using a lift meant for two people. I... View More

James L. Arrasmith
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answered on Jul 4, 2025

You’re likely facing a notation on your state registry or employer file that could surface during background checks for college or medical school. Admissions committees review professionalism and patient-safety lapses closely, and a revoked CNA license may raise questions about your judgment and... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for North Dakota on
Q: Does a misspelled name void a search warrant?

Does a search warrant become void if there is a misspelling of a name, specifically if the warrant uses the nickname 'Jaime' instead of the legal name 'Jamie'? There was also an issue where the name provided was given by an unknown person. Would these errors affect the validity of the warrant?

James L. Arrasmith
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answered on Jul 4, 2025

A typographical error or use of a nickname in the warrant does not automatically invalidate it if the warrant still identifies the target with sufficient particularity—address, date of birth, or unique descriptors that leave no reasonable doubt as to the person meant.

You can challenge... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for North Dakota on
Q: What legal actions can I pursue for delayed stroke diagnosis communication?

I suffered a fall in 2022, which led to a CT scan revealing a meningioma on my brain. Following this, I was referred to a neurosurgeon and had an MRI in January 2023, which showed scattered small flairs but no abnormalities or infarction. I saw the neurosurgeon in February 2023, but an MRI in... View More

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2025

I'm sorry for your ordeal. The best way to figure out if you might have a case (failure to communicate diagnosis of stroke) would be to reach out to North Dakota attorneys to arrange a free initial, no-obligation consult. That's the norm for such cases. Any medical records you have could... View More

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3 Answers | Asked in Bankruptcy for North Dakota on
Q: How to file for bankruptcy inexpensively in Fargo, ND?

I live in Fargo, ND, and am looking for the least expensive way to file for bankruptcy. How can I file for bankruptcy myself, and what are my options for finding the most inexpensive attorney or free legal aid to assist with my bankruptcy filing?

Martha Warriner Jarrett
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answered on Jun 18, 2025

Check the website for your local bankruptcy court (us.courts.gov) for free or low cost alternatives. Also, check out upsolve.org.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Dakota on
Q: When must a landlord send a non-renewal notice in ND for leases converting to month-to-month?

In North Dakota, what is the requirement for a landlord to send a non-renewal notice for a lease that is set to automatically convert to a month-to-month lease after one year? My lease indicates a 30-day notice period.

James L. Arrasmith
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answered on Jun 14, 2025

In North Dakota, if your lease is set to automatically convert to a month-to-month agreement after one year, the landlord typically needs to provide a 30-day written notice to end the tenancy. This means that if the landlord does not want the lease to continue after the fixed term ends, they must... View More

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