February, 2017 | O'Keeffe O'Brien Lyson Attorneys

February 2017

February 27, 2017

Determining and Changing Spousal Support

In North Dakota, judges have broad discretion in ordering one spouse to provide financial support to the other spouse in the event of a divorce. Spousal support (or “alimony”) is usually paid in regular installments and is intended to level the playing field for both parties. Perhaps one spouse had […]
February 24, 2017

Slip and Fall Injuries in Residences

Many individuals have either experienced a slip and fall injury at a place of business (a wet floor at a supermarket, for example) or know of someone who has. These injuries can be quite serious and severe. For example, depending on several factors, the following catastrophic injuries may result from […]
February 22, 2017

Avoiding Fire and Burn Injuries from North Dakota Car Crashes

It is not uncommon for car crashes to result in one or more of the cars erupting in flames. This is especially likely to occur when the crash is of such force as to rupture the fuel tanks of the vehicles or where one vehicle was transporting a hazardous chemical. […]
February 20, 2017

Beer Recalled Over Chipped Glass

The California-based maker of Sierra Nevada beer recently issued a voluntary recall for a certain number of its products manufactured in its North Carolina brewery over concerns that a small part of the glass bottle may chip, creating a danger to customers. The recall affects its Pale Ale, Beer Camp […]
February 17, 2017

Communicating Your Intentions: Estate Planning with Your Family

An estate plan contains arrangements for handling your affairs in case of incapacity or death. Many people concentrate on the material aspects of estate planning—the distribution of assets through a will, for example—but fail to address important considerations such as medical care during times of incapacity, or the guardianship of […]
February 16, 2017

Why Avoid Intestate Succession?

When a person dies and leaves no will, they have died “intestate,” i.e., without a last will and testament. In the absence of a will to direct the distribution of any assets, state law determines who inherits through intestate succession. Furthermore, if there are assets not accounted for in a […]
February 15, 2017

When You Lend Someone Your Car, You’re Also Lending Them Your Insurance

In most states, including North Dakota, car insurance follows the car and not the driver, so when you give someone permission to drive your car, you’re also lending them your car insurance. Primary Coverage vs. Secondary Coverage When you lend a friend your car, your insurance will generally cover them […]
February 10, 2017

Protect the Elderly from Financial Exploitation

When our loved ones grows old, we are often on the lookout to protect them against instances of nursing home abuse or neglect. There are other ways in which elder abuse occurs, such as when vulnerable individuals are exploited for their financial resources. Section 50-25.2-01 of the North Dakota Century […]
February 8, 2017

What are the Chances That My Personal Injury Case Will Go to Trial?

Approximately five percent of all personal injury cases go to court, and the rest settle before trial. While attorneys on both sides may evaluate a case on a similar basis, there is no guarantee whatsoever that a jury will, and neither side wants to be surprised by an unfavorable verdict. […]
February 6, 2017

The Basics of Serving as a Personal Representative

Personal representatives handle the estates of deceased persons. As defined by section 30.1-18-03 of the North Dakota Century Code, they have a fiduciary duty to administer the estate according to the terms of the will or laws of probate. They have the legal power to collect the assets of the […]
February 3, 2017

Adopting Your Step-Child

The process for adopting a child can be long and complex, but when a step-parent wishes to legally adopt his or her step-child, the process can be simpler and quicker. According to the Children’s Bureau, step-parent adoption is the most common type of adoption. To Adopt or Not to Adopt? […]
February 1, 2017

When Inaction Causes Medical Malpractice: Failure to Diagnose

We put our lives in the hands of medical professionals, and we trust that their training and procedures will protect us against harm. Often, though, we think of medical malpractice is a result of what the doctors did incorrectly, but sometimes what the doctors failed to do can have equally […]