Legal Insights & Client Resources
FinCEN Requirements for the Small Business Owner
December 31, 2025
This post explains the new FinCEN Beneficial Ownership Information (BOI) Reporting Rule, who must file, what information is required, and the filing deadlines beginning January 1, 2024, with staggered deadlines through January 1, 2025.
Conservatorship, Guardianship and Power of Attorney
December 16, 2025
Conservatorship, Guardianship and Power of Attorney There is confusion over the definition of conservatorships, guardianships, and power of attorneys...
Applying For Medicaid
December 16, 2025
Medicaid is often the only federal or state program that pays for long-term nursing care. This article explains the three main payment options-self-pay, long-term care insurance, and Medicaid-outlines North Dakota asset limits and the 60-month lookback rule, and explains why professional planning can protect assets when applying.
Medicaid, Estate Planning and You!
December 15, 2025
This post explains how Medicaid eligibility and the five-year look-back affect asset protection and estate planning in North Dakota. It outlines asset limits for single and married applicants, the risks of late planning, and the high cost of long-term care that can deplete savings.
How To Address Ancillary Probate
November 11, 2025
Ancillary probate handles a decedents property in a state other than the primary probate jurisdiction. This article explains what ancillary probate is, how it differs from primary probate, ways to avoid it through trusts or deeds, and practical steps for handling out-of-state assets.
Damages
November 7, 2025
Damages in litigation are typically categorized as economic, non-economic, and punitive. Economic damages cover measurable financial losses; non-economic address intangible harms like pain and suffering; punitive damages punish egregious conduct. Understanding which damages apply helps shape litigation strategy and potential recovery.
Estate Planning Checklist: A Step-By-Step Guide
October 21, 2025
This article explains the essential estate planning documents and steps-wills, trusts, powers of attorney, health care directives, deeds, and document safekeeping-and provides a clear checklist to prepare for an effective estate plan and initial consultation.
Let's Discuss Mineral Rights
September 16, 2025
An overview of mineral rights in North Dakota: what they are, how they can be severed from surface ownership, how long they last, how theyre valued, and options for buying, selling, or claiming abandoned minerals. Guidance on when to seek legal help is also provided.
Contesting a Will
August 11, 2025
A brief guide to who can contest a will in North Dakota, when such challenges must be brought, and the common legal grounds - including lack of testamentary capacity, fraud/undue influence, and competing wills or formal defects. If you believe a loved ones will is invalid, the firm can help assess and pursue the matter.
A Lasting Heritage: Setting Up an Irrevocable Mineral Trust
March 1, 2025
An irrevocable mineral trust is a permanent estate-planning tool to protect family mineral rights. It removes minerals from your estate, shields them from creditors and taxes, and can be structured to provide lifetime income while preserving the resource for future generations.
Medicaid and Late Life Planning
February 20, 2025
This article explains Medicaid eligibility and late-life planning concerns, including North Dakota-specific asset limits, the five-year look-back rule, and how transfers can affect eligibility. It highlights why early estate planning matters to protect savings and reduce the financial impact of long-term care.
Getting a Trademark in North Dakota
February 6, 2025
This article explains what a trademark is and the benefits of registering one in North Dakota. It outlines the basic steps: confirm your concept is unique, prepare a sample and classification, file with the Secretary of State, and await approval or rejection.
Native American Estate Planning
January 15, 2025
Native American estate planning involving trust and restricted lands involves special rules and courts (BIA for trust assets and tribal/district courts for other assets). Properly crafted wills under AIPRA, life estate deeds, and Native American Legacy Plans (NALPs) can protect families, control asset distribution, and avoid forced sales; funding is critical.
Don't Become the Victim in a News Article
December 1, 2024
A Minnesota news case highlights how family members can exploit an elders assets. This article explains estate-planning measures-choosing a trusted power of attorney, using co-agents, creating trusts, and avoiding naming others on accounts-to reduce the risk of financial exploitation and better protect your assets.
Trip Planning = Estate Planning
February 23, 2024
Before you travel, review your estate plan to ensure your wishes are followed if something happens. This post outlines key documents - wills and trusts, healthcare directives, guardianship papers, and powers of attorney - to arrange before you leave.
Adult Guardianship
February 9, 2024
Guardianship is the legal process used when an adult cannot manage personal or financial decisions due to incapacity. This article explains when guardianship may be necessary in North Dakota, how the court determines incapacity and the scope of a guardian’s authority, and encourages families to seek experienced legal guidance.
Types of Guardianship
February 2, 2024
This article explains the two primary adult guardianship types-Emergency and Permanent. It outlines the emergency process, the roles of court-appointed advocates (Guardian ad Litem, Court Visitor, Expert Examiner), the review process for permanent guardianships, and guidance on seeking guardianship while considering less-restrictive options.
Beneficial Ownership Interest (BOI) Requirements For Financial Crimes Enforcement Network (FINCEN)
January 9, 2024
A new federal BOI reporting requirement under the Corporate Transparency Act requires many U.S. corporations and LLCs to report beneficial owner information to FinCEN. Deadlines differ for entities formed before and after Jan 1, 2024, and the online filing typically takes only a few minutes with digital ID documents.
Becoming A U.S. Citizen
December 7, 2023
Naturalization is the process by which a noncitizen becomes a U.S. citizen. This article outlines eligibility categories (permanent residents, spouses of citizens, military members), key benefits of citizenship, and notes that the process varies by category and may be complex-seek experienced counsel.
Legally Work in the United States
November 22, 2023
An overview of how U.S. businesses can hire foreign nationals on temporary worker visas, focusing on Temporary Agricultural and Temporary Non-Agricultural categories. It explains eligibility, the Department of Labor labor-certification and employer petition requirements, typical visa durations, and dependent restrictions.
Adverse Possession
November 8, 2023
Adverse possession allows someone who openly, continuously, exclusively, and without the owner’s permission occupies land to potentially acquire legal title if statutory elements are met. In North Dakota, continuous possession generally must last 20 years (10 years if taxes are paid) before filing a claim.
Family and Employment Based Green Cards
October 4, 2023
This article explains family- and employment-based paths to U.S. permanent residency, outlining who qualifies in family categories, the employment-based subcategories, and the general multi-step process for obtaining a green card.
Help! They've Breached their Contract!
November 4, 2022
This post explains what constitutes a breach of contract under North Dakota law and outlines common legal remedies - rescission, quantum meruit, and specific performance - including when each remedy may apply. It advises consulting an attorney to determine the best course if a breach has occurred.
Liens and You
September 19, 2022
This article explains what a lien is, outlines common types (mortgage, repairman’s, and construction liens), and explains how liens attach to property and affect transfers. It recommends consulting an attorney for help filing or collecting on liens.
Real Estate Closings
March 21, 2022
An overview of the step-by-step process in a real estate closing, covering property preparation, purchase agreements, title opinions, settlement statements, the closing event itself, and recording the deed so buyers and sellers know what to expect.
What is an Estate Plan?
October 22, 2021
An estate plan organizes how your assets are managed during your life and distributed after death. It typically includes wills, powers of attorney, healthcare directives, and trusts tailored to your personal goals and asset level.
Power of Attorney for Deployment
August 19, 2021
This article explains the three common types of powers of attorney - General, Durable, and General Durable - and why a General Durable Power of Attorney is usually recommended for service members preparing for deployment. It outlines how each form works and the practical reasons behind the recommendation.
Opening Probate for a Tribal Estate
May 27, 2021
A clear overview of the three different probate processes that may apply to a tribal estate: District Court probate for non-tribal property, Tribal Court probate for reservation property, and BIA probate for trust land and IIM accounts. Guidance on who handles each process and what to expect.
Mineral Rights
May 4, 2020
A concise guide to mineral rights in North Dakota explaining how mineral interests differ from surface ownership, how they can be severed, preserved, lost, valued, bought, or sold, and when to seek professional assistance to confirm ownership or probate value.
Life Estate Deeds, Your Questions Answered
April 28, 2020
This article answers common questions about life estate deeds: how they work, what reserving a life estate means, revocability, selling interests, creditor and probate implications, mineral rights, recording, and whether a life estate deed may be appropriate for your estate plan.
Revocable and Irrevocable Trusts: What’s the Difference?
September 16, 2019
A living trust can be either revocable or irrevocable. Revocable trusts offer flexibility and control but do not shield assets from creditors, while irrevocable trusts offer tax benefits and creditor protection at the cost of control. Which is best depends on your family’s needs and estate planning goals.
The Family Legacy: an Irrevocable Mineral Trust
September 16, 2019
An irrevocable mineral trust lets you preserve mineral interests as a family legacy while protecting them from creditors and estate taxes. It can be structured so you receive royalty income during your lifetime and your descendants continue to benefit under terms that keep the minerals in the family.
Aretha Didn’t Have an Estate Plan - But You Should
August 31, 2018
Aretha Franklin passed away without an estate plan, which exposes assets to probate and potential disputes. This article explains how a will or trust can clarify your wishes, reduce probate costs, and protect beneficiaries - including minor children - and urges readers to create or update their estate plans.
What Are Abandoned Mineral Interests?
August 31, 2018
An explanation of North Dakota’s abandoned mineral interests law: how a mineral is deemed “used,” steps that can prevent minerals from being declared abandoned, and how recording a Statement of Claim protects non-producing mineral interests from being lost.
What is a Power of Attorney?
August 6, 2018
This post explains the main types of Power of Attorney (general/non-durable, durable, and special), how they work, and why choosing a trustworthy Attorney-in-Fact is vital for protecting your financial and legal interests.
How Do I Set Up an LLC?
May 17, 2018
An LLC (Limited Liability Company) combines features of corporations and partnerships to shield owners (members) from personal liability. This article outlines the basic steps: filing Articles of Organization, holding an organizational meeting to approve operating documents, and maintaining annual meetings with careful minutes.
I Don't Have a Mineral Deed: How do I get one?
May 10, 2018
Many people know they own mineral rights but don’t have a mineral deed. This article explains why deeds may be missing, how the firm can locate recent deeds using NDRIN, and when probating an estate may be necessary to establish mineral ownership.
The Probate Process
May 4, 2018
An overview of probate: what probate is, how dying with or without a will affects the process, the role of a Personal Representative, the standard probate steps, and options when probate was never opened. Emphasizes timelines under North Dakota law and the value of experienced legal counsel during a difficult time.
"But Is It Fair?" Determining Final Distribution of Estate Assets
March 13, 2018
When deciding how to distribute your estate, "fair" means what you choose. This article explains why you may leave assets however you wish, the importance of clearly excluding people if intended, and how contest clauses can reduce disputes so your wishes are carried out.
What’s the Difference Between A Life Estate Deed and A Transfer on Death Deed?
March 1, 2018
Life estate deeds and transfer on death deeds both transfer property at death but differ in control, revocability, and Medicaid look-back consequences. A life estate creates shared ownership and is generally irrevocable, while a transfer on death deed keeps full control and is revocable.
An Empty Trust is a Worthless Trust
March 1, 2018
Funding a trust requires transferring ownership of assets into the trust (funding) after the trust document is created. This article explains common asset types-bank accounts, real property, beneficiary-designated accounts, and newly acquired assets-and why funding is essential so trustees can manage assets per the trust terms.
Digital Estate Planning for Your Continued Legacy
December 14, 2017
Digital estate planning ensures your online accounts and content are managed according to your wishes. This article explains how major platforms handle accounts after death and lists practical steps-like documenting accounts, using provider settings, and backing up content-to protect your digital legacy.
Mineral Law: 4 Things to Know about Probating Minerals
December 14, 2017
Four practical points about probating mineral interests: you may need multiple probates across generations; leases or company letters aren’t proof of ownership; old deeds may not confirm ownership at death; and receiving royalty checks doesn’t replace probate. If mineral interests are involved, consult an attorney to determine whether probate is required.
What You Need to Know About LLCs and Commingling
December 14, 2017
This article explains what commingling is, how it can lead to piercing the corporate veil, and practical steps-legal counsel and accounting-to avoid mixing personal and business funds and protect your LLC's liability shield.
ESTATE PLANNING MYTH #2: Only Millionaires Need Trusts
September 11, 2017
Trusts aren’t only for the very wealthy. This article explains practical reasons to use a trust-avoiding probate, controlling distributions (especially if heirs are minors or have difficulty managing money), and protecting family intentions after remarriage-so that estate planning can simplify and secure your family’s future.