Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 11 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
9/18/2017
Estate Lawyer: LegalGems, Attorney replied 11 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,873
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Estate Law Question
Estate Lawyer: LegalGems, Attorney replied 11 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!

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Estate Law Question
Customer reply replied 11 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 11 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).

Ask Your Own Estate Law Question
Estate Lawyer: LegalGems, Attorney replied 10 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!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,873
13,873 Satisfied Customers
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
In North Dakota law does irrevocable trusts be included in
In North Dakota law does irrevocable trusts be included in estate distributions. We understand has to be included for tax reason, but does it have to be included in an augmented for distributions… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What is the charge against a Power of Attorney agent who signs every p
What is the charge against a Power of Attorney agent who signs every page of a UT trust for a principal in 2003 , and a ND lawyer who influences the judge in 2013 to allow the POA agent to take contro… read more
J. Warren
J. Warren
Attorney
Doctoral Degree
2,241 satisfied customers
I am the executor of my 90 year old deceased mothers estate.
I am the executor of my 90 year old deceased mothers estate. She passed away in a nursing facility is Stark county , Ohio on Jan 4th 2013. She had a will but no property as she was on medi caid for he… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My father had mineral/oils rights for property in North Dakota.
My father had mineral/oils rights for property in North Dakota. Upon contacting the company to see what they needed to transfer the information to my mom since he passed in January. They told us that … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
I am beneficiary of a trust in regard to mineral rights in
I am beneficiary of a trust in regard to mineral rights in North Dakota. The ND atty says I have to probate this trust, as the document was not transferred to the new trust when the husband died. but,… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
My grandfather had mineral rights in North Dakota, which were
My grandfather had mineral rights in North Dakota, which were undiscovered until many years later. My Father being his son was an heir, my father passed away intestate in 1998 and left a surviving spo… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My grandmother passed away over 20 years ago. My stepgrandfather survived her, and is also
My grandmother passed away over 20 years ago. My stepgrandfather survived her, and is also deceased. Recently, my brother-in-law who served as the Administrator on all these cases, probated her estate… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
I need to prepare and file a deed for mineral rights held in
I need to prepare and file a deed for mineral rights held in my husbands name to joint tenancy with right of survivorship. The mineral rights are located in North Dakota, not a community property stat… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My parents had a living trust and will. The estate was distributed
My parents had a living trust and will. The estate was distributed to the heirs. I am the trustee. I have recently been contacted by oil companies as there are mineral rights deeds in their names. The… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
Is an ancillary probate form necessary for a division order
Is an ancillary probate form necessary for a division order to be sent to us. Our Mother died without a will in Ca. Her estate was settled many years ago with our mineral rights included. The wells ha… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the process to file a small probate in the State of
What is the process to file a small probate in the State of North Dakota and what would the approximate cost be. There was no will. My dad died in the State of New York in 1971 and because there was n… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My mother died intestate in state of oregon. The only property
My mother died intestate in state of oregon. The only property she owned was a small royalty she was receiving from a north dakota gas/oil company lease. I filed a small estate affidavit as heir and a… read more
socrateaser
socrateaser
1,031 satisfied customers
My mother, father and step mother are all deceased. My step
My mother, father and step mother are all deceased. My step mother has mineral rights to about 160 acres of land in North Dakota. I have eleven brothers and sisters with three more step brothers and s… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Mineral Rights in North Dakota Williston Basin are found. Mom was an heir of her sister
Mineral Rights in North Dakota Williston Basin are found. Mom was an heir of her sister who owned them. They are both deceased. Mom's trust names 22 heirs. Resource company ask for a ratification of M… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
i need a probate attorney for my deceased wife and her mother.
i need a probate attorney for my deceased wife and her mother. they left me several tracts of mineral rights in divide and burke counties north dakota.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
First, thanks for being available. My wife, remaried, has
First, thanks for being available. My wife, remaried, "has" mineral rights in North Dakota ,because of her late husband didn't make a will. She seems to be worried, although the TCO rep in Colorado ha… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
My sister died in Whittier, CA in 1986. I recently discovered
My sister died in Whittier, CA in 1986. I recently discovered a mineral royalty lease in her name in North Dakota. I don't think she knew about it (my father was erratic about those things) and it was… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
my aunt died in 1992 in AZ. she left a will stating 1/4 of
my aunt died in 1992 in AZ. she left a will stating 1/4 of estate to a friend and 3/4 to a brother. Both are now deceased and no heirs of the devisee can be located. Minerals were found in her name in… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x