North
Dakota Estate Planning Law
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The estate planning attorneys at Zimney
Foster provide our clients with a wide range of services.
Included among these services are:
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Wills. A will is a
legally-binding directive detailing how your wishes
regarding your property and care of minor children
should be carried out after your death. The primary
purpose of a will is to dictate who should receive your
property at the time of your death. It also appoints the
person or entity, known as the personal representative,
you wish to assist in carrying out your wishes. A will
also sets forth the individuals you want to care for any
minor children and how assets are to be preserved and
handled for those children, as well as the age(s) at
which they should receive your assets. A will only
covers what we refer to as probate assets; it does not
address jointly-owned, beneficiary designated, co-owned
or POD assets, such as life insurance.
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Trusts. A trust is a
legal entity through which a person or entity called the
Trustee receives and holds title to the assets
transferred to the trust by you, the Trustor or Grantor,
for the benefit of those named as beneficiaries. The
trust document sets forth the rules governing the
Trustee’s actions. A trust can be irrevocable or
revocable. An irrevocable trust cannot be changed after
it is created, whereas a revocable trust can be
modified, or even terminated, by the Grantor. Some of
the reasons a trust is used include the transfer of
property much like a will, to assist in managing assets
prior to death and to avoid probate.
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Probate. Probate is the
process through which the court approves your will and
provides for the transfer of ownership of your assets.
It includes the collecting of all of your assets,
payment of your final bills and expenses and the
distribution of your estate to your heirs and
beneficiaries. The court will appoint the personal
representative named in your will to assist the court
and the estate attorney with the probate process. A will
is a legally-binding directive detailing how your wishes
regarding your property and care of minor children
should be carried out after your death.
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Guardianships/Conservatorships.
A guardian and conservator are appointed by the court
when it is alleged that an individual is incapacitated.
A guardian is appointed to supervise specified aspects
of the incapacitated individual’s care, such as living
arrangements, medical care and rehabilitation. A
conservator is appointed to manage the assets of the
incapacitated individual.
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Medical Power of
Attorney/Health Care Directive. A health
care power of attorney, or health care directive, is
used to provide another party with the right to make
health care decisions for you in the event you are
unable to do so yourself. These can be general in nature
or very specific as to what your wishes are, and
usually, they are not effective unless a doctor
determines you cannot make decisions for yourself. A
living will is often a part of this document or a
separate document executed to inform your attorney in
fact as to what your wishes are. A health care
directive, sometimes referred to as a living will, is a
statutory form that is used to specify your instructions
as to the use of life support, nutrition and hydration.
Your instructions may be to use all means necessary to
keep you alive, to provide no assistance, or to leave
all decision making to your health care power of
attorney appointee.
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Durable Power of Attorney.
A power of attorney is used to appoint someone else to
act for you when you are unable to do so yourself. This
may be due to your absence, illness or incapacity and
can be for a short or long term. A durable power of
attorney allows the appointed party to act even though
you no longer have the capacity to revoke the power of
attorney. These documents are an essential part of a
good estate plan.
Our attorneys practicing in the area of
estate planning are:
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