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North Dakota Questions & Answers
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

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...
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2 Answers | Asked in Bankruptcy for North Dakota on
Q: My on and off boyfriend pays my rent for me and our child but does not live with me
Timothy Denison
Timothy Denison
answered on Nov 5, 2024

What is your question?

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1 Answer | Asked in Civil Rights and Landlord - Tenant for North Dakota on
Q: Can I break my lease because of my noisy and disrespectful neighbor?

I contacted my property manager concerning my upstairs neighbor. They have been consistently on their balcony late at night taking phone calls that often become heated. One night she was screaming at what I believe is their significant other. I have recorded multiple videos (not including their... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you're dealing with a stressful situation. Since you’ve already contacted your property manager and documented the noise issues, you're on the right path. It’s important to keep detailed records of each disturbance, including dates and any responses from the management.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Traffic Tickets and Criminal Law for North Dakota on
Q: Can an officer state that I failed to yield at a green light to turn left if he did not start moving forcing me to act?
James L. Arrasmith
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answered on Oct 3, 2024

If an officer claims you failed to yield at a green light while turning left, it depends on the situation. Legally, when turning left, you are expected to yield to oncoming traffic until it's safe to make the turn. However, if the officer wasn't moving or there was no oncoming traffic, it... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for North Dakota on
Q: If an officer says vehicle has an odor of marijuana asks to search and is told no can they without a warrant?

If no marijuana is found but other evidence is found can it be used in court?

James L. Arrasmith
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answered on Sep 22, 2024

If an officer claims to smell marijuana, they may use that as probable cause to search your vehicle without a warrant. The legality of the search depends on the circumstances, such as whether the odor was strong enough to suggest criminal activity. In many places, the smell of marijuana alone is... View More

1 Answer | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for North Dakota on
Q: I'm a canadian who has stayed 3 years in America, what happens if I get caught? I have my kids with me.

My ID is expired and I'm to broke to go home, what will happen if I get pulled over or caught, will the just escort me to the border or will it be a whole court thing?

James L. Arrasmith
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answered on Jul 28, 2024

If you get caught staying in the U.S. beyond your authorized period, it could lead to serious consequences. Immigration authorities might detain you, and you may have to go through a removal process, which often involves a court hearing. This process can be lengthy and stressful, especially with... View More

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 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 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 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

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