Advance Directives Case Study 5 North Dakota Answers

Case Study 5 – How much will each heir inherit?

Answers for North Dakota Residents

The following answers are based upon North Dakota law as of January 2006. The laws in other states may be different. Laws are subject to change, so please ask your attorney for answers to specific questions.

1. Assume that both Alice and Bob survive George. How will George’s estate be distributed at his death?

North Dakota answer: A.

Alice will inherit $50,000 and Bob will inherit $50,000.

2. Assume that George passes on, survived by Carrie, Bob and Bob’s five children. At George’s death, how will his estate be distributed?

North Dakota answer: B.

Bob will inherit $50,000 and Carrie will inherit $50,000.

[Because the division was per stirpes (right of representation) rather than per capita.]

3. Assume that George passes, survived by Alice, Carrie, and Bob’s five children. At George’s death, how will his estate be distributed?

North Dakota answer: B.

Alice will inherit $50,000 and Dave, Ed, Frank, Gail, and Hank will each inherit $10,000.

4. Assume that George passes on survived only by his grandchildren. How will his estate be distributed among his grandchildren?

North Dakota answer: A.

Carrie will inherit $50,000 and Dave, Ed, Frank, Gail, and Hank will each inherit $10,000.

5. The answers to the first four questions are different if Alice or Bob are survived by spouses.

North Dakota answer: False.

6. If George dies without a will, how will his estate be distributed if both Alice and Bob pass on before him under North Dakota law?

North Dakota answer: A.

The estate will be divided according to the first parents share among them.

7. George’s will can direct that if both of his children pass on before him, his grandchildren will share equally.

North Dakota answer: True.

8. If George’s will leaves his property to the survivor of his two children, and Bob passes on before George, Bob’s five children will be disinherited.

North Dakota answer: True.

Return to Advance Directives Case Study 5.

View the Communicate Your Advance Directives for Health Care learning lesson.

Credits

Adapted for use in the Legally Secure Your Financial Future: Organize, Communicate, Prepare program.

Content Development
Reviewed for North Dakota use by:
Paul Murphy, Attorney at Law,
Murphy and Spahr Law Office PC, Carrington, North Dakota.

This information is provided as a public service and is designed to acquaint you with certain legal issues and concerns. It is not intended to be a substitute for legal advice, nor does it tell you everything you may need to know about this subject. Future changes in the law cannot be predicted, and statements in these materials are based solely on the laws in force on the date of release noted on this page.

This document is for non-profit educational purposes only. This document may not be used by a profit-making company or organization. When used by a non-profit organization, appropriate credit must be given to the Cooperative Extension Legally Secure Your Financial Future: Organize, Communicate, Prepare education program. Materials for this program were developed by a team from six land-grant universities. The program is included in the program toolkit of the Cooperative Extension Financial Security in Later Life national initiative. For more information go to: http://www.csrees.usda.gov/fsll.