New Opinions: Jan. 22
Estate of Lindberg 2024 ND 10
Docket No.: 20230102
Filing Date: 1/22/2024
Case Type: PROBATE - WILLS - TRUSTS
Author: Tufte, Jerod E.
Highlight: Before we consider the merits of an appeal, we must first confirm we have jurisdiction. A motion filed under N.D.R.Civ.P. 59(j) and 60(b)(6) within 28 days of the notice of entry of judgment or order tolls the time to appeal under N.D.R.App.P. 4(a)(3)(A)(iv) and (vi).
“Genetic father” means the man whose sperm fertilized the egg of a child’s genetic mother. If the father-child relationship is established under the presumption of paternity under subdivision a, b, or c of subsection 2 of section 14-20-07, the term means only the man for whom that relationship is established.
A presumption of paternity requires the presumptive father, for the first two years of the child’s life, to reside in the same household with the child and openly hold the child out as his own.
When the spouse of a genetic parent adopts an individual, the individual adoptee obtains a parent-child relationship with the adoptive step-parent but may still inherit from the other genetic parent.
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