Which Documents and Certificates Should Be Collected to Begin Estate Administration in North Dakota
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer When a loved one passes away in North Dakota, gathering the right documents and certificates is the first step in estate administration. Having these materials organized will streamline the probate […]
Read article →How Can Estate Expenses and Ongoing Bills Be Managed During the Probate Process in ND?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer During North Dakota probate, the personal representative handles estate expenses and ongoing bills. The process ensures bills are paid in order and estate assets are protected. 1. Appointment of a Personal Representative The court issues Letters of Administration or […]
Read article →How to Enforce Distribution of Life Insurance Proceeds in Probate in North Dakota When No Beneficiary Was Designated?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When an insured fails to designate a beneficiary on a life insurance policy, the insurance company typically treats the policy proceeds as part of the insured's estate. Under North Dakota law, specifically NDCC § 26.1-36-13, if no valid beneficiary […]
Read article →How can a beneficiary compel an estate administrator to pay an inheritance share in North Dakota?
Detailed Answer In North Dakota, beneficiaries have rights to prompt estate settlement. If an estate administrator delays distribution, beneficiaries can ask the probate court to enforce payment. 1. Administrator’s fiduciary duty Under NDCC Section 30.1-15-01 (administration duties), the personal representative must collect assets, pay valid debts and taxes, and distribute the remaining estate to heirs […]
Read article →How Does Intestate Succession Work in North Dakota When a Decedent Has No Spouse and Two Children?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Overview of Intestate Succession in North Dakota When a person dies without a valid will in North Dakota, the estate passes by intestate succession under the North Dakota Century Code […]
Read article →How Does Intestate Succession Work in North Dakota When No Will Exists and the Decedent Has No Spouse and Three Children?
Disclaimer: This article provides general information only and does not constitute legal advice. Detailed Answer Under North Dakota law, when a person dies without a valid will (intestate), their assets pass according to the North Dakota Century Code (NDCC). The key statute is NDCC 30.1-03-03, which sets the order of distribution. If the decedent leaves […]
Read article →How Can ND’s Slayer Statute Affect an Heir’s Right to Inherit from a Decedent’s Estate?
Detailed Answer Under North Dakota law, the Slayer Statute appears at NDCC §30.1-19-03. It disqualifies any person who feloniously and intentionally kills a decedent from receiving property or benefits from that person’s estate. Once a court determines that an heir qualifies as a “slayer,” the court treats that individual as if they predeceased the decedent. […]
Read article →How Does Title Transfer for an Inherited Home When There Is No Will and Multiple Heirs in North Dakota?
Detailed Answer When a homeowner in North Dakota dies without a valid will (intestate) and multiple heirs survive, state intestate succession and probate laws govern title transfer. Here's what typically happens: Open Probate: An interested party—often an heir—files an application with the county court to open an estate and appoint a personal representative. (See NDCC […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in North Dakota
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance. Detailed Answer Under North Dakota law, Medicaid provides health coverage but allows estate recovery of benefits paid on your behalf after death. When you inherit property, the state may place a claim against the estate to […]
Read article →Can I appeal a probate court decision removing a personal representative in North Dakota?
Detailed Answer Disclaimer: This article offers general information and is not legal advice. Consult an attorney for guidance on your situation. Grounds for Removal Under North Dakota law, the district court may remove a personal representative for cause under NDCC §30.1-32. Common grounds include failure to perform duties, misconduct, conflict of interest, or incapacity. Appealing […]
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