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North Dakota Questions & Answers
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 Personal Injury for North Dakota on
Q: My husband was riding his bike on the sidewalk that passes the graveyard the fence that surrounded the graveyard is bent

Outward into the middle of the side walk he did not see it in time n wrecked into it busting his head open required 4 staples in his head brused his back is anyone liable for this

T. Augustus Claus
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answered on Sep 22, 2023

In North Dakota, premises liability laws could potentially come into play in a situation like this. These laws generally hold property owners responsible for maintaining safe conditions on their property. If the fence surrounding the graveyard was in disrepair and extending onto a public sidewalk,... View More

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2 Answers | Asked in Personal Injury for North Dakota on
Q: My husband was riding his bike on the sidewalk that passes the graveyard the fence that surrounded the graveyard is bent

Outward into the middle of the side walk he did not see it in time n wrecked into it busting his head open required 4 staples in his head brused his back is anyone liable for this

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2023

I'm sorry about your husband's accident. I hope he is okay. A North Dakota attorney could advise best on state-specific elements of law, but in general nationwide, some the issues that could arise in such a matter (regardless of the state) could include use of safety helmet, nature of... View More

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1 Answer | Asked in Education Law for North Dakota on
Q: Residency rules when it comes to enrolling my son in Minnesota Virtual Academy. We currently live in ND.

K12 stride enrollment center mistakenly approved my sons enrollment in Minnesota Virtual Academy I guess and though enrollment was sending me all the info to get him started and the device sent our way that he needed, another person was saying he could not attend. So, to be sure, can you clarify if... View More

Lucas Wynne
Lucas Wynne
answered on Sep 18, 2023

I believe you are referring to an online educational program that is provided by the state of Minnesota for its taxpayers. If your child participated in this and it was later found out that you are not a resident a Minnesota, I would expect that a criminal charge would be filed against you.

2 Answers | Asked in Domestic Violence for North Dakota on
Q: petition for disorderly conduct restraining order filed in ND, will the petitioner be notified if a temp order is made
T. Augustus Claus
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answered on Sep 14, 2023

In North Dakota, if a petitioner files a petition for a disorderly conduct restraining order, the court may issue a temporary order or a temporary restraining order (TRO) depending on the circumstances and the judge's assessment of the case. Typically, when a TRO is granted, it is issued ex... View More

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1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I have been looking for my dog for over a year i found him at a shelter in another town they are refusing to release him

they will not give back my dog

T. Augustus Claus
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answered on Aug 17, 2023

In North Dakota, if you've been searching for your dog for over a year and have now found it at a shelter in another town, you could take several steps to reclaim your pet. Gather evidence of ownership like vet records and photographs, and communicate calmly with the shelter staff, providing... View More

Q: Why does my life not seem to matter why does a woman have to hemorrhage & pretty much die before obgyn will do a dnc

3 blood transfusions hours of unexplainable un necessary pain. To much pain meds given after patient specially said no more fentenal to then have to go into respiratory depression a laceration in my mouth from intubation and then to be told by the very person who didn't feel he needed to check... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 24, 2023

You make a great point. This is one of the reasons lawsuit are so important. And laws that limit or interfere with right to a jury trial do not serve justice. Otherwise doctors and others can get away without bad actions.

Here, there may be a case. Due to the nature of medical...
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1 Answer | Asked in Criminal Law for North Dakota on
Q: What is the punishment for stalking in North Dakota?

He is an ex boyfriend and stalked me for almost two months. He has previous charges, but not for stalking, his charges are traffic, drug related, and breaking into someone's house. Everything has been reported to the police from the beginning and he has confessed to it all.

T. Augustus Claus
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answered on Jul 18, 2023

Stalking is a serious offense that involves unwanted and repeated harassment, intimidation, or surveillance of another person. In North Dakota, the specific punishment for stalking can vary depending on the circumstances and the defendant's criminal history.

Now, considering your...
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1 Answer | Asked in Criminal Law for North Dakota on
Q: Does a defendant have the right to change his mind about having a court appointed attorney after he said he would repres

Represent himself

Lucas Wynne
Lucas Wynne
answered on Jul 9, 2023

Maybe not necessarily a right at that point (and it is only a right as long as you financially qualify), but I have a strong suspicion if you applied for a public defender after stating you'd represent yourself (and financially qualify) that one would be appointed. The truth of the matter is... View More

1 Answer | Asked in Real Estate Law for North Dakota on
Q: So a woman who passed away gave me her original land patent as well as every warranty deed that went with it.

Does that make the land mine? or do I need to do something or file something when I called the city? They told me to get a lawyer and to not lose all this paperwork

Anthony M. Avery
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answered on Apr 7, 2023

Once the Deed is recorded, that actual document is irrelevant unless someone claims a forgery or fraud. Hire a ND attorney to search the Title and possibly administer the Estate. Unless you are an heir or she executed a Deed to you (recorded or not), you probably do not own the lands. But some... View More

1 Answer | Asked in Employment Law for North Dakota on
Q: Can an employer force me to stay at work after my scheduled shift ends? I work at a hotel at the front desk.
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 21, 2023

As long as you are paid for all of the hours you work, including at an overtime rate for all hours over 40 in a workweek if you are paid by the hour, then your employer can change or extend your schedule with or without notice to or approval by you.

1 Answer | Asked in Adoption, Family Law and Immigration Law for North Dakota on
Q: My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and " see more information"

My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and I am a US citizen born and raised in the USA my entire life. I married her in Hong Kong in 2018. I was able to get them both visas ,ir1, and ir2. They are now here in the United States. I would like to get... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

If you are the birth father of the child, then you should be able to file a Form N-600 to obtain a certificate of citizenship. Under the Child Citizenship Act (INA 320) a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met... View More

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