How Do I Confirm if Workers’ Compensation Payments Were Applied to My Medical Bills in ND?
Disclaimer This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney or North Dakota Workforce Safety & Insurance for guidance. Detailed Answer If you’ve received medical treatment under a North Dakota workers’ compensation claim, you have the right to know whether the insurer paid your medical bills. Here’s […]
Read article →What are the risks of probating my father's estate without legal representation in North Dakota?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Risks of Self-Probating an Estate in North Dakota Detailed Answer Handling probate without an attorney in North Dakota carries significant risks. The North Dakota Probate Code (Title 30.1, N.D. Cent. Code) sets strict rules for filing, notices, asset management, and reporting. […]
Read article →If Real Property Passes Automatically at Death, Why Do I Have to Probate the Will? (ND)
Detailed Answer In North Dakota, real property may transfer automatically at death if certain conditions apply. Real estate held in joint tenancy with right of survivorship or held as tenants by the entirety, and property subject to a valid Transfer on Death Deed, passes by operation of law outside probate. Automatic Transfer at Death Joint […]
Read article →What steps are involved in notifying creditors and handling claims after a death in North Dakota?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. In North Dakota, the probate process requires the personal representative of an estate to notify creditors and manage claims under Chapter 30.1-30 of the North Dakota Century Code (NDCC). […]
Read article →Can I use an obituary as proof of death to open an estate in North Dakota?
Detailed Answer When you open an estate in North Dakota, you must file a probate petition with the county clerk of court. Under North Dakota law, the petition requires a certified copy of the decedent’s death certificate. See NDCC §30.1-05-03 at https://www.legis.nd.gov/cencode/t30-1c05.html. The death certificate confirms the person’s identity, date, and place of death. If […]
Read article →Can I open an estate and become the personal representative if I am the mother-in-law? (ND)
Detailed Answer Under North Dakota law, the personal representative of an estate is the person appointed by the district court to administer the decedent’s estate. The requirements for qualification and appointment are set out in Chapter 30.1-17 of the North Dakota Century Code (N.D. Cent. Code § 30.1-17-01). Priority of Appointment N.D. Cent. Code § […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in North Dakota?
Detailed Answer Under North Dakota law, a surviving spouse of a person who dies without a valid will acquires their intestate share of the decedent’s estate as a fee simple interest according to North Dakota Century Code section 30.1-05-01 (NDCC 30.1-05-01). This statute sets out the percentage of the estate a surviving spouse receives depending […]
Read article →How does an executor obtain an EIN for an estate in North Dakota?
Disclaimer: This information is for general education and not legal advice. Detailed Answer An executor, also called a personal representative, must obtain an employer identification number (EIN) for the estate if the estate will file federal tax returns, receive income of $600 or more, or hire employees. Under North Dakota law, you must first be […]
Read article →Do I have to list personal property assets when completing a year’s allowance in an estate? (ND)
Detailed Answer In North Dakota, a year’s allowance provides the surviving spouse with support from the decedent’s estate for one year after death. See NDCC 30.1-17-01 et seq. To determine what property is available, the personal representative must file a complete inventory of all estate assets—including both real and personal property—within 90 days of appointment. […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in North Dakota
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation. Detailed Answer When you engage an attorney for initial probate representation in North Dakota, the retainer agreement should clearly list the tasks the attorney will perform. Under the North Dakota […]
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