Ancillary Probate:  Uglem Law PC has worked with personal representatives and attorneys in a number of states to conduct court proceedings and real estate filings necessary to transfer North Dakota assets ancillary to the primary probate conducted in the state of decedent’s residence.

Decree of Heirship: Title to real estate or mineral rights are on occasion found left in the name of a family member several years after death and beyond the time available for opening of a traditional probate.  Uglem Law PC is experienced in assisting clients in obtaining the court order and real estate filings necessary to evidence title in the names of the heirs.

Will Contests and Estate Litigation:  There are a number of challenges that are made against a Will, including lack of testamentary capacity, undue influence, fraud, duress, and failure to meet legal formalities of execution.  Non-probate transfers such as deeds to trust, deeds of remainder interests, or other inter-vivos transfers also are subject to challenge, as are altering Payable on Death (POD) beneficiary designations.  Acts of an agent under the authority of a Power of Attorney are also subject to challenge when there is self-dealing, misappropriation, or other breaches of fiduciary duties.  Uglem Law PC has experience in advising clients and in litigating these matters.

Special Needs Trusts:  Planning for the inheritance or personal injury settlement of a disabled individual should involve discussion of the benefits of a Special Needs Trust.  A disabled individual often qualifies for certain government assistance programs such as Social Security Disability and Medicaid provided they meet certain income or asset limits.  The law allows a disabled individual to maintain qualification for particular government assistance, while receiving certain distributions from a Special Needs Trust.