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North Dakota Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for North Dakota on
Q: When I got divorced my ex and I lived in a house. In the divorce papers it says he can live there and maintain it.

When he sells it i would get half. He's in the process of selling. He probably doesn't remember that at all. My name is not on the deed and the house is paid for. I can get a quick deed. Do I remind him of the divorce papers or what?

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

You remind him of the divorce papers. You then sue him for the money if he fails to turn it over. But I would suggest doing so quickly as a lawsuit is only as good as the money standing behind it.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Dakota on
Q: Warranty deed is lost without being recorded with the County. Grantor is now deceased.

My mother did a Contract for Deed on her house with my nephew. The house was paid for in 2014. The lawyer sent out the original deed to my mom's Personal Representative to get recorded. No one recalls ever receiving the original copy nor can anyone find it now. I have a copy of the signed... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 21, 2020

The usual solution is the nephew needs to make a claim in your mother's probate case for distribution of your mother's share of the house to him. He will need to prove that there was a contract and it is now paid in full. It would be helpful to at least get a photocopy of the deed from the... Read more »

1 Answer | Asked in Estate Planning for North Dakota on
Q: if a parent dies and the estate does not cover the bills, can heirs be held liable for debts of the parent?

The parent dies and has a loan on a car. the credit company repossesses the car. Are the heirs liable for the unpaid amount on the car loan

Nina Whitehurst
Nina Whitehurst answered on Sep 19, 2019

No, the heirs are not liable. Only the estate is liable.

1 Answer | Asked in Estate Planning for North Dakota on
Q: If an attorney is disbbared in 1992 by the ND Supreme Court, is a will he wrote for someone in 2001 a valid document
Nina Whitehurst
Nina Whitehurst answered on Aug 15, 2019

The attorney's good standing with the State Bar, or lack thereof, has no bearing on whether the will is valid. Most likely the will is perfectly valid. The best way to know for sure is to have it reviewed by an attorney in good standing. Estate plans should be reviewed every few years anyway.

1 Answer | Asked in Probate and Estate Planning for North Dakota on
Q: My dad just recently died. I'm fourteen and my step mother is keeping all my dad's stuff. What do I do?

She said I could pick stuff I wanted out of his stuff

James W. Martens
James W. Martens answered on May 8, 2018

Presuming your dad died without a will and both of his parents are also deceased, your stepmother would be entitled to the first $150,000, plus half of any balance (i.e., anything remaining above the initial $150,000) of his estate. Not knowing more about the valuations of his property at the time... Read more »

1 Answer | Asked in Estate Planning, Civil Litigation, Collections and Probate for North Dakota on
Q: Dad died 15 months ago in ND and step mom died this month. no children together. Next of kin is? Her mom is alive but 90

They had no children together but married over 20 years. Step moms mother is alive but is 90 and lives in nursing home (possibly mentally incompetent) . She has no birth or legally adopted children and no will or trust. Who is her next of next of kin?. Since its going to probate could i contest and... Read more »

Jim Ed
Jim Ed "Jed" Franklin answered on Feb 6, 2017

Your question is missing some important information, feel free to contact me via email so I can better answer it. But generally, you should have some interest in your father's estate, though it sounds like there is not much in it. If so, then the "spousal share" may eat up all of the estate. The... Read more »

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