November 22, 2017

What You Need to Know About Easement Laws

Sometimes, property owners lack the ability to reasonably access either a portion of their own land or public land without crossing onto another person’s property. Easements, however, grant property owners these rights by establishing that the individual has an interest in the use but does not own the land over […]

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 […]

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 […]

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 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 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 1, 2017

Understanding Trusts in North Dakota

Trusts are an important part of the estate planning process and can be used in a number of different ways. They basically are designed in order for your plans and goals for your estate to be carried out once you have died. The rule of thumb for trusts is the […]

April 21, 2017

Why Should I Have an Attorney Draft My Real Estate Sales Contract?

In North Dakota, Minnesota, and elsewhere throughout the United States, the sale of a particular parcel of real estate (whether residential or commercial in nature) begins with the preparation and execution of a real estate sales contract. This document is critical, as it not only describes the exchange that is […]

April 19, 2017

Making a Will in North Dakota

For one reason or another, you are considering or have considered drafting a valid will in case you die unexpectedly. Before you do so, it is recommended to contact an experienced estate-planning attorney to understand what a will is, what it prescribes, and the effects it will have on your […]

April 5, 2017

Understanding the Basics of Estate Planning in North Dakota

Estate planning involves arranging the specifics of your property and assets in preparation for your death. Since you obviously cannot take your property and assets with you when you die, something needs to be done with them. Estate planning is planning for the use, distribution, and/or disposal of your property […]

March 13, 2017

Top Five Things Your Estate Plan Might Not Address, but Should

The main purpose of an estate plan is to provide a comprehensive set of directions to your personal representative and the courts as to how your assets should be treated and your affairs are settled following your death. The more comprehensive your estate plan is, the less courts and your […]

March 6, 2017

Life Events That Call for Review of Your Estate Plan

For many North Dakotans, estate planning is a task whose benefit is obvious but it is nevertheless often left undone. Individuals may readily admit the need to create or update an estate plan, but may believe that doing so can wait until a “more opportune time” in the future. The […]

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 […]

November 7, 2016

Can I Back Out of a Timeshare Contract?

If you enter into a timeshare and then suffer buyer’s remorse, it may be possible to cancel the contract, but you must move quickly and follow the proper procedures: Follow the Terms of the Contract Most states have passed laws that allow timeshare buyers to cancel contracts, and your contract […]

November 1, 2016

Fighting Over an Estate? Tips to Help Resolve Your Differences

Even if there’s a will in place, many families still end up fighting over an estate after their loved ones die. Although many people believe the only way to resolve a dispute over an estate is to turn to probate court, there are several other things you can do before […]

October 24, 2016

Legal Issues Landlords Need to be Aware of

Landlord-tenant relationships can be dicey, but if landlords deal with potential issues before a rental agreement is signed, many common problems can be avoided. Here are some tips that landlords should keep in mind when dealing with tenants: Don’t Use Old, Boilerplate Forms It is critical that lease and rental […]

September 30, 2016

When It May be Time to Write a Will

Many people drag their feet when it comes to writing a will. If you have not yet made one or have not updated it for many years, there are several triggering events that should serve to remind you that it is time to organize your estate plan: Getting Married (or […]

September 26, 2016

Ready to Move? Steps to Selling Your Home

If you plan on selling your home, it isn’t just a matter of putting a sign on your front lawn, receiving multiple bids, and accepting the best offer – those days are long gone. In today’s maze of forms, financing, inspections, marketing, pricing, and negotiating, it makes sense to work […]

September 20, 2016

5 Projects That Can Add Value to Your Home

With housing prices on the rise, now is the time to invest in your home to capitalize on its value. Here are five home improvement projects that pay off, whether you are selling now or in the future. Increase Curb Appeal Although not usually considered the most exciting improvement to […]

August 29, 2016

Reasons You Shouldn’t Wait to Call an Estate Planning Lawyer

Estate planning is something most people avoid, but consulting with an experienced estate-planning lawyer is something you should do sooner rather than later, for these reasons: Death No matter how good your health is now, you can never be sure when you will die. If you pass away without a […]

July 18, 2016

Estate Planning Documents You Probably (Most Likely) Need

When considering estate planning in North Dakota, there are five documents you should be familiar with: Last Will and Testament A last will and testament designates who will receive your property when you die, can simplify the process of probate, and may appoint a personal representative, or executor, of your […]

October 28, 2014

Why You Need to Hire an Attorney if You Buy Lake Property

Owning a home is the typical American dream. Owning a lake home is the dream of many in the northern Midwest. Serving as a getaway for many families, lake properties are a great investment for financial and personal purposes. In order to ensure the process of buying lake property goes […]

Real Estate Law