Blog

July 19, 2017

Your Right to Remain Silent: Should You Testify or Not?

In a criminal proceeding, one of the most important decisions that must be made – and a decision in which you have the final say – is whether you will take the stand and testify in your defense. This is a decision that may carry significant benefits as well as […]
July 17, 2017

Five Criminal Law Terms You Should Know

For those who are not familiar with criminal proceedings in North Dakota and Minnesota, being charged with a crime and running through the criminal justice process can be a new and terrifying experience. Part of what makes this experience so nerve-wracking is the use of terms and phrases with which […]
July 13, 2017

Condominium Bylaws and Declaration of Covenants in North Dakota

More and more people in North Dakota are again moving into condominiums. Condominiums are managed by condominium associations. These associations act in accordance with the terms and conditions that are described in condominium association bylaws. Because these agreements frequently contain controlling elements, it is important for individuals who wish to […]
July 11, 2017

The Benefits of a North Dakota Totten Trust

A trust is an advantageous type of estate planning method for people who are interested in passing assets to others without being part of the probate process. Avoiding the probate process is an attractive option for many people because probate is frequently a lengthy and expensive process. Totten trusts, which […]
July 5, 2017

What is an Alibi and How Does it Work?

In a significant number of criminal cases filed in North Dakota, the defense strategy is rather simple: Attack the sufficiency and/or credibility of the prosecution’s witnesses and evidence. In other words, defendants who adopt this defense strategy do not provide an alternate narrative or story of their own, but simply […]
July 3, 2017

How a North Dakota Attorney Can Help Speed up the Probate Process

Most people are involved in the probate process at some point in their lives. Probate refers to the process that occurs after a person dies and before that person’s estate is divided in accordance with that person’s will. The probate process has the potential to be complicated and can involve […]
June 29, 2017

Getting Ready for Trial

If you and the other party in your North Dakota personal injury suit cannot settle your personal injury lawsuit, and the case is not disposed of through motions, the case will proceed to trial before a judge or jury. Even though it is rare for personal injury suits to reach […]
June 27, 2017

Can Settlement Negotiations Lead to a Victory in Court?

It is no secret that the vast majority of North Dakota civil lawsuits settle before they ever reach the courtroom. A settlement, in simple terms, is an agreement between two adverse parties wherein the parties agree to settle their differences and resolve the legal dispute between them without the need […]
June 21, 2017

When to Have Your Car Repaired After a North Dakota Crash

June 19, 2017

What is a Preliminary Hearing?

If you have been charged with a felony in North Dakota, one of the early hearings that will be held in your case is known as a preliminary hearing. While the name of this hearing may make the hearing itself sound unimportant, your preliminary hearing can play a significant role […]
June 15, 2017

Advice on Clearing Title After the Death of a Spouse in North Dakota

In many cases, spouses own property jointly which means that property is equally owned by the two individuals. This type of property ownership, however, can create some unique considerations in the event that a spouse dies. A real property attorney at O’Keeffe Attorneys can assist with a number of issues […]
June 13, 2017

What is Contained in a Home Contract for Sale?

One of the most important aspects of purchasing a home in North Dakota is the contract for sale. That is the offer to buy the house, land, or property that the seller is selling. Once both parties have signed the offer, it becomes a legally binding contract, meaning that both […]
June 7, 2017

North Dakota Special Needs Trusts

Individuals who have particularly serious medical conditions have several unique estate planning tools available to them. Special needs trusts allow disabled or seriously ill individuals to become beneficiaries of trusts of unlimited means without affecting eligibility for government assistance, which often contain income thresholds.  Establishing a Special Needs Trust Special […]
June 5, 2017

North Dakota Home Purchase

Like every state, North Dakota has its own laws and guidelines regarding buying and selling homes. Home buying and selling is complex in itself, but the laws that govern both processes in the state are equally complex. It is strongly advised to consult an experienced real estate attorney regarding buying […]
June 1, 2017

Annulment in North Dakota

Contrary to popular belief, there are two ways to legally end a marriage. One is divorce, and the other is through an annulment. Divorce is the legal termination, or ending, of a marriage. An annulment, on the other hand, is completely erasing a marriage. In legal terms, this means that […]
May 30, 2017

Dying Intestate in North Dakota

When you die without a will, you die intestate. This often happens when an unexpected death occurs or a life is cut too short. In cases of intestacy, your property, assets, possessions, and everything else you leave behind when you die gets distributed based on the laws of the state […]
May 26, 2017

Abby Hammes Visits Washington, D.C. With ALS Awareness Group

Abby Hammes, a paralegal at O’Keeffe O’Brien Lyson Foss, recently spent six days in Washington, D.C. as part of the MN/ND/SD Chapter of the ALS Association. Abby’s mother, Renee Bernier, was diagnosed with ALS in January 2015. Pictured below are Abby and her mother with the North Dakota delegates of […]
May 22, 2017

North Dakota Child Custody

One of the worst and most stressful parts of a divorce or break up is often the matter of child custody. As stressful and confusing as it may be for you, imagine how confused the children must be. In North Dakota, when determining child custody, the courts make their decisions […]
May 19, 2017

Liability for Drinking Mistakes of Your Guests

Summer is right around the corner, and with it come warm days, long nights, and endless parties, get-togethers, and other social activities. It is only natural that when adults gather together in order to celebrate a holiday (or simply the end of a long and tiring week), alcohol may be […]
May 17, 2017

Andrew’s Law Passes: Now What Does It Mean?

Ever since their son was  killed in 2014, Tammy and John Sadek have been dedicated to helping ensure the tragedy that claimed the life of their son does not occur to any other family in North Dakota. In 2014, their son Andrew was working with law enforcement as a confidential […]
May 15, 2017

Can You Leave Your Money to Your Pet?

Rather leave your fortune to your dog?  Fortunately for your human family, you can’t.  Pets are legally classified as personal property in North Dakota and Minnesota, so they cannot own property themselves.  However, you can create an Animal Trust to ensure that your dog, cat, or other pet does not […]
May 12, 2017

The Future of Caps on Noneconomic Damages in Medical Malpractice Cases

In recent times, noneconomic damages in personal injury cases have come under increasing scrutiny and skepticism. Whereas in times past any type of personal injury plaintiff could allege and recover compensation for noneconomic damages suffered, such as pain and suffering or loss of enjoyment of life, some believed that this […]
May 10, 2017

The Police Want to Talk to Me: What are My Rights?

You are enjoying a peaceful evening at home when there is a sudden and unexpected knock at your door. There, standing on your front steps are two officers from your local police department. They indicate that they have a few questions for you and wonder if you would be willing […]
May 8, 2017

The Importance of Wills

When a loved one dies, it can be a trying time emotionally for everyone involved. Often times after death, it can also be stressful to figure out the distribution of the recently deceased’s assets, property, and belongings. When a person dies without a will, it can lead to a lot […]
May 5, 2017

Steps to Take Following a Hit-and-Run

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