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Resident. A man died owing me $100K and it was recorded in…

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I am California resident...

I am California resident. A man died owing me $100K and it was recorded in Burke Cty, ND that I was to be paid. Now learned his deceased wife was the owner of the mineral rights, and died not leaving any will or mention in the trust of this. Then he borrowed from me and died. When this goes to probate in ND will the mineral rights be given to their children or will it be given to him, as she died first. This is a big concern for me not getting any money.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

North Dakota for the probate and the mineral rights are there also. She and he died in California.

Lawyer's Assistant: What documents or supporting evidence do you have?

Signed and recorded in the county records in North Dakota that he owes me $100K.

Submitted: 8 months ago.Category: Estate Law
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Answered in 1 minute by:
9/18/2017
Estate Lawyer: LegalGems, Attorney replied 8 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 12,974
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Estate Lawyer: LegalGems, Attorney replied 8 months ago

In ND, when a spouse dies with children of the marriage, the surviving spouse inherits everything under the laws of intestate succession.

So if the first spouse passes, and then the second spouse passes, the first spouse's estate would be probated, with any money being paid into the surviving spouse's estate (so long as they survived by 72 hours). So if there are any creditors of the second surviving spouse, the creditor can submit a claim to the probate court and be paid from those assets.

I hope this helps!

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Customer reply replied 8 months ago
will Probate check for recorded money owed by this person or how would I follow through to know about the probate.
Estate Lawyer: LegalGems, Attorney replied 8 months ago

No, the court won't actively check for such things.

The personal representative is supposed to send a notice to all known creditors, and to also publish in the local newspaper -so one could check the local paper at least weekly;

one could also proactively send a request for payment to a personal representative once the surviving spouse passes (if they have knowledge of it through a friend for example).

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Estate Lawyer: LegalGems, Attorney replied 8 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

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Thanks!

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