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Bismarck Wills & Probate Lawyer, North Dakota
Includes: Estate Administration, Living Wills, Wills


TaLisa Ann Nemec Lawyer

TaLisa Ann Nemec

VERIFIED
Family Law, Divorce & Family Law, Estate, Wills & Probate, Trusts

TaLisa is an attorney located in Mandan, ND. Are you struggling to take care of your child with the current child support payments that you are receiv... (more)

800-923-0641

Free Help: Use This Form or Call 800-943-8690

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800-943-8690

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LEGAL TERMS

OFFICER

A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operation... (more...)
A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operations of the organization. Officers generally hold titles such as President or Treasurer. Many states and most corporate bylaws or LLC operating agreements require a corporation or LLC to have a president, secretary and treasurer. Election of a vice president may be required by state law.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)
A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

SAMPLE LEGAL CASES

In re Estate of Conley

... [¶ 4] Four years after Harry Wayne Conley's death in 2001, Harry Wayne Conley's nephews, Albert Conley and Colin Conley, initiated the probate of Harry Wayne Conley's estate and moved the district court to appoint them co-personal representatives of Harry Wayne Conley's ...

IN THE MATTER OF ESTATE OF SAMUELSON v. MYRVIK

... [¶5] In September 2005, the district court appointed Opal Myrvik as personal representative of Ernest Samuelson's estate and admitted his will to informal probate. ... [¶13] Section 30.1-04-01, NDCC, closely tracks section 2-101 of the 1990 Uniform Probate Code. ...

In re Estate of Eggl

... [¶ 3] Following Tony Eggl's death, Donald Eggl and Janet Eggl, Tony Eggl's nephew and sister-in-law, filed an application for informal probate and appointment as co-personal representatives. ... An unsupervised probate, governed by NDCC ch. ...