The property you inherited from your parents could represent your family’s legacy. It may seem like a plot of land to others, but it might be a piece of your family’s history, passed down through generations. Understandably, it holds not only financial but also sentimental value. If you are considering divorce, you might wonder if your former spouse could be entitled to a part of your inheritance. Property division in a divorce In a divorce, there are two categories under which all the property you and your spouse own will fall: marital and separate. Marital property includes assets and debts ..read more

Advances in Assistive Reproductive Technology (ART) have given many couples the option to freeze their embryos for future use. But what if one or both intended parents pass away? What happens to the unused genetic material, and who decides what to do with them? Can facilities destroy unclaimed frozen embryos? Many challenges may arise if one or both intended parents of the embryo die and there is no will or estate plan in place. Aside from legal battles, here are other potential issues. Uncertain fate: The embryos might end up abandoned in a storage facility indefinitely, incurring storage fee ..read more

The courtroom thrives on the truth and demands a meticulous presentation of evidence. However, during legal proceedings, there is a concept called hearsay or second-hand information which introduces a layer of uncertainty due to credibility issues. Is hearsay not admissible in court? Hearsay includes statements made outside of court that parties try and use as evidence. Hearsay is not always admissible in court. The court prioritizes first-hand accounts made in court because relayed information through multiple individuals may be inaccurate, distorted, and exaggerated. Additionally, the origin ..read more

When it comes to divorce, planning in advance often helps. You may need to gather paperwork, change bank accounts, inventory assets, consider local divorce laws, and much more. In other words, it’s just helpful if you can spot any red flags that indicate you may get divorced in the future. But what red flags should you look for? Every relationship is unique, but here are a few examples to keep in mind. Everything becomes a fight First off, if every little conflict is becoming a fight, then you may have deeper issues in the relationship. It’s normal to disagree on things like what to have for d ..read more

Estate planning is a consequential process that involves preparing specific, legally enforceable documents that detail a creator’s wishes in the event of their incapacitation or death. Most people dismiss estate planning as something only the wealthy or elderly need to concern themselves with. However, estate planning is a beneficial undertaking for adults of all ages who are concerned with safeguarding their interests if something unfortunate happens to them. One of the primary benefits of estate planning is that it provides individuals with control over the management and distribution of the ..read more

When business owners face a divorce, the future of their company hangs in the balance. The decision on how to proceed with the business depends on various factors, including the nature of the divorce, the relationship between the owners post-separation and the financial and operational health of the business. There are several potential paths forward. Each option comes with its own set of challenges and considerations. Continuing joint operation One possibility is for the divorcing owners to continue running the business together. This option requires a high level of mutual respect, communicat ..read more

You know that you can get into trouble if you’re caught with drugs in your possession, but what if you’re also caught with “paraphernalia,” instead? Is that serious? It can be. Drug paraphernalia is anything that someone can use to prepare, consume, transfer, sell, or conceal illegal substances, and you can face charges for having those in your possession even if you don’t possess any drugs. What kinds of things can be considered drug paraphernalia? Some items may seem obvious, while others might arguably just be considered ordinary household items. You can find yourself charged with possessio ..read more

Estate planning is a sensitive process, as it determines the distribution of one’s assets and wishes after death. A personal representative, often appointed in a will or trust, plays a crucial role in overseeing the administration of an individual’s estate. Due to all there is at stake, there are situations in which it may be necessary or advisable to remove a personal representative. Potential reasons that may warrant the removal of a personal representative include the following. Breach of fiduciary duty A personal representative is supposed to act in the best interest of the estate and its ..read more

For many people, estate planning is the only time in their lives when they put together legal documents. An estate plan can include documents providing for someone’s care if they become incapacitated as they age. It can also include testamentary documents that describe what should happen to their property after their death. Most North Dakota wills can go through probate proceedings with few challenges. However, sometimes family members reach the conclusion that someone lacked the necessary capacity to draft legally binding documents. What circumstances might justify a will contest based on a l ..read more

Your estate plan includes a set of instructions about what should be done to your assets after you pass away.  You likely have a vague recollection of the last time you made your estate plan. Part of the estate planning process, however, is making regular updates. Here are some questions you should ask yourself: When was the last time you made any changes to your plans? An estate plan may be considered old if it’s been three to five years to date since the last time your plan was made. Typically, many people make investments and purchases within three to five years. If this is the case fo ..read more