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North Dakota Probate Questions & Answers

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 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 Collections and Probate for North Dakota on

Q: If a family member dies what happens to their debt

An insurance company is asking a settlement amount for a family member who is on their deathbed. If the settlement isn’t paid they will be sued for the full amount. If they die what happens to that debt?

Lucas Wynne answered on May 5, 2018

They may make a claim against the estate.

2 Answers | Asked in Probate for North Dakota on

Q: Hi I inherited some land in Williams North Dakota for my father who passed away 2010 my stepmother and my four other Orc

We were each to get 50% stepmother kids 50% us kids get the other when should I start receiving my percentage of the oil wells

Lucas Wynne answered on Jan 9, 2018

Unfortunately, this is a difficult question to answer because I am unsure if the land has any mineral rights, if oil is being produced from the land, the status of the inheritance, etc. I would speak with a local attorney.

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2 Answers | Asked in Probate for North Dakota on

Q: My father died 25 years ago without a will. I need to probate his estate now. Are newspaper notices still needed?

This has to do with mineral rights he owned. In 2010, we filed a Death and Heirship document to establish heirs for royalty payments.

Lucas Wynne answered on Dec 20, 2017

No attorney can provide advice on this topic without speaking with you directly because more information would be needed.

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1 Answer | Asked in Probate for North Dakota on

Q: Does having a will instead of going through probate make a difference in your estate taxes?

Kenneth V Zichi answered on Feb 10, 2017

short answer: no

(And don't believe the 'one trick ponies who try to scare people about probate!)

Longer answer, a will does not avoid 'going through probate'. But sometimes you WANT to

have your estate go through probate!

If "avoiding probate" is your primary goal...
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 "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 »

1 Answer | Asked in Probate for North Dakota on

Q: My mom and dad owned farm land and my dad passed away August 4, 2015. During my dad's probate we had the land appraised.

The appraisal was completed September 9, 2016 and my mom passed away Sept. 15, 2016. Do I need the land appraised again for my mom's probate?

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

The obligation of the personal representative of the estate is to determine the fair market value. There is no state requirement for an appraisal. I think that you can feel free to use the appraised value on September 9 to determine fair market value on September 15.

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