North Dakota Legal Guides
14 guides covering North Dakota topics, each with CaseDiver search beside the article.
- Castle Doctrine in North Dakota: Deadly Force Against Intruders
North Dakota castle doctrine: when occupants may use deadly force against home intruders, key statutes (N.D. Cent. Code § 12.1-05-07), presumptions, and leading cases.
- How Do You Make a Valid Will In North Dakota?
In order to be valid under North Dakota law, a will must be: In writing; Signed by the testator or in the testator’s name; Either signed by at least two witnesses OR acknowledged by the testator in front of a notary or other individual auth…
- North Dakota Child Support Guidelines: How Support Is Calculated
How North Dakota calculates child support under N.D. Cent. Code § 14-09-09.7; North Dakota Child Support Guidelines, including the percentage of income (obligor), deviations, modification, and leading cases.
- North Dakota Spousal support: Eligibility, Amount, and Duration
How North Dakota courts award spousal support under N.D. Cent. Code § 14-05-24.1: eligibility, statutory factors, duration, and leading cases.
- North Dakota Supreme Court Applies Uniform Probate Code to Clarify Scope of Probate Court’s Subject Matter Jurisdiction
By: Daniel McGowan, Esq . It is not uncommon for a party to a loan, contract, or other bargained for exchange to die before the obligation is satisfied. When the obligor is the decedent, almost without exception judicial relief is sought th…
- North Dakota Supreme Court: Doctrine of Partial Invalidity Survived Adoption of Uniform Probate Code In North Dakota
The doctrine of partial invalidity allows a court to separate out a portion of a will that is the product of undue influence from other, valid portions of a will. The North Dakota Supreme Court, in Estate of Grenz , determined that the doct…
- North Dakota Supreme Court: Failure To Overcome Presumption of Undue Influence Results In Void Bill of Transfer
The presumption of undue influence under North Dakota law, once raised, must be overcome by the proponent of the instrument that is being challenged as the product of undue influence. In the June 29, 2020 opinion in Zundel v. Zundel , the N…
- North Dakota Supreme Court: Failure To Seek Stay of Partition Judgment Renders Appeal Moot
In the June 2020 case of Nelson v. Nelson , the North Dakota Supreme Court issued a stark reminder that failure to seek a stay of a partition judgment renders an appeal moot once the property is sold. The Facts of Nelson v. Nelson In 2011, …
- North Dakota Supreme Court: Holographic Will Not Valid When Material Portions Not Proven To Be In Decedent’s Handwriting
In Estate of Beach , a January 6, 2022 opinion from the North Dakota Supreme Court, the Court upheld the decision of the district court denying the admission of a holographic will to probate. The Facts of Estate of Beach Decedent, Skip Beac…
- North Dakota Supreme Court: No Personal Representative Or Attorney Fees For Actions In Pursuit of Personal Interests
Although a personal representative in North Dakota is entitled to reasonable compensation from the estate, the fees and expenses incurred must be for the benefit of the estate, not just for the benefit of the personal representative. In San…
- Standing To Challenge Account Beneficiary Designations in North Dakota
For a plaintiff to have standing to challenge a change in a beneficiary designation in North Dakota, the party must have suffered some injury and must assert their own legal rights and interests. In the May 2020 decision of Albrecht v. Albr…
- Stand Your Ground Laws in North Dakota
North Dakota stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights North Dakota
Surviving spouse rights in North Dakota include: Homestead Allowance Exempt Property Family Allowance Elective Share Surviving Spouse Rights in North Dakota When There Is No Valid Will When a decedent dies without a valid will, they have di…
- Who Are Next Of Kin In North Dakota?
Next of kin for purposes of intestate succession in North Dakota include the: Surviving spouse Descendants Parents Siblings Grandparents Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to t…