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LEGAL GUIDE
By Timothy M. B. Farrell
Jul 21, 2011
CNMI Legal Guide – Intestate Succession to Jury
Real estate zoning laws
Criminal defense
Estates
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INTESTATE SUCCESSION : 8 C.M.C. 2901

Custom is closely mirrored by 8 C.M.C. 2901, which deals with intestate succession. Under Chamorro custom, the surviving spouse receives a life estate, the issue get a vested remainder in fee. If there is no surviving spouse, the children get all the property by representation. If the spouse is not of NMD, then the spouse takes the maximum interest in property allowed by law, but not an interest in fee.

Other Chamorro property is split evenly between the surviving spouse and the children. If there is no surviving spouse, then the children take all by representation. See Ancestor’s Land topic.

Under Carolinian custom, family land is held by a customary trustee. Family land cannot be sold or mortgaged without family consent. Family consent is obtained with a majority vote. The trustee’s vote should go with the majority. The trustee is obligated to guard the land, use it and collect proceeds from it.

When the trustee dies, title passes to the oldest surviving sister. If there is no surviving sister, then to the oldest brother. If none, to the oldest surviving daughter, and so on.

All other lands pass to the surviving spouse in fee. Unless there are surviving children, in which case the spouse gets a life estate as trustee, the remainder to the oldest surviving daughter as trustee.

All other Carolinian property of a deceased husband is given to the surviving spouse in fee. If the wife dies first, then the surviving husband gets a life estate with the remainder to the issue.

For those who are not N.M.D., the surviving spouse gets all the property in fee. If there are children, the surviving spouse gets $50,000.00 and half the remainder, the children receive the other half of the estate by representation.

The above distribution scheme only applies to those who die after 1984. Those dying earlier have their estates distributed according to pre-code custom.

JUDGMENTS

Com. R. Civ. P. 54 to 57.

Judgments may be given for or against one or more of several plaintiffs or one or more of several defendants either jointly or severally.

Judgment on the Pleadings – available under rule 12(c), identical to Federal Rule of Civil Procedure 12(c).

Summary judgment- provided by rule 56, similar to FRCP 56.

Declaratory judgments – See rule 57 of Civil Procedure.

Vacation or modification – See rules 59 and 60.

Setting aside – 7 C.M.C. 1304

Any defendant not personal notified may at any time within one year after final judgment enter an appearance and the court shall thereupon set aside the judgment and permit the defendant to plead.

Foreign Judgments – the CNMI has adopted the Uniform Enforcement of Foreign Judgment Act of 1994. 7 C.M.C. 4401. The law is to be interpreted to effectuate its general purpose to make it uniform with other adopting states and jurisdictions. The filing fee is the same as that established by the clerk for filing civil actions.

JURY : 1 N.M.I. Const. art. VIII

The legislature may provide for trial by jury in criminal or civil cases. Juries are not required for misdemeanors or felonies with punishments of less than five years or a $2,000 penalty. A jury trial must be demanded in a civil case not later than sixty days prior to the date set for trial. Com. R. Civ. P. 38.

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Cannabis Stocks Soar as Bill to Legalize Marijuana Approved
The landmark legislation could pave the way for weed to become legal at the federal level.

Joe Tenebruso (TMFGuardian)
Nov 21, 2019 at 2:20PM
Cannabis investors received some exciting news this week.

The U.S. House Judiciary Committee — which is charged with overseeing the administration of justice within federal courts and law enforcement agencies — approved a bill on Wednesday that decriminalizes marijuana at the federal level. If approved by the House of Representatives and Senate, the bill could pave the way for full-scale legalization of marijuana in the United States.


THE UNITED STATES MAY HAVE TAKEN A MAJOR STEP TOWARD THE LEGALIZATION OF MARIJUANA THIS WEEK. IMAGE SOURCE: GETTY IMAGES.

The Marijuana Opportunity Reinvestment and Expungement Act of 2019, or MORE Act, passed 24-10. The legislation is expected to be approved by the Democrat-controlled House of Representatives. However, gaining approval from the Republican-controlled Senate is likely to be more difficult.

Senate Majority Leader Mitch McConnell has long opposed marijuana legalization. Other Republicans share similar views. "I don’t think a majority of the Republicans will support this bill," Rep. Ken Buck of Colorado said on Wednesday.

Still, industry watchers see the House Judiciary Committee’s approval of the bill as a major step toward legalization. If approved by Congress, the legislation would allow individual states to enact their own policies for marijuana. It would also direct federal courts to expunge convictions for marijuana offenses and institute a 5% tax on marijuana products that would fund substance abuse treatment and job training.

Thirty-three states have already legalized medical marijuana, while 11 states have legalized cannabis for recreational purposes. With two-thirds of Americans supporting marijuana legalization, according to a recent survey by Pew Research Center, more states are likely to work toward legalizing the drug in the coming years. Legalization at the federal level would likely accelerate this process.

Marijuana stocks rebound sharply
The news couldn’t have come at a better time for marijuana companies. Cannabis stocks have been pummeled in recent months, as regulatory scandals, licensing delays, black market competition, and a host of other challenges have weighed on the nascent industry.

Prior to Wednesday, industry leaders Aurora Cannabis (NYSE:ACB) and Canopy Growth (NYSE:CGC) had shed more than 50% and 40% of their value, respectively, since the start of the year. Fellow cannabis stocks Cronos Group (NASDAQ:CRON) and Aphria (NYSE:APHA) fell approximately 35% and 25% during that same time, while Tilray (NASDAQ:TLRY) crashed more than 70%.

APHA DATA BY YCHARTS

However, all of these marijuana stocks have surged over the past two days. The House Judiciary Committee’s passing of the MORE Act no doubt helped to fuel the gains.

APHA PRICE DATA BY YCHARTS

Some analysts believe the good times can continue for cannabis investors. As just one example, Bank of America upgraded Canopy Growth’s stock from neutral to buy on Wednesday, citing new retail store openings and accelerating cannabis orders by provincial governments as potential growth catalysts.

Those improving industry dynamics should also benefit Aurora Cannabis, Cronos Group, Tilray, and Aphria, to varying degrees. As such, it’s possible that the rally in these cannabis stocks could be just getting started.

Trending
Joe Tenebruso has no position in any of the stocks mentioned. The Motley Fool has no position in any of the stocks mentioned. The Motley Fool has a disclosure policy.


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Thursday, November 21, 2019 8:25:30 AM

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Blended families: A recipe for probate battles
By Jordan Sundell | Posted on Nov 19 2019
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A blended family is one where a spouse (or both) have at least one child from a previous marriage or relationship. This dynamic has become commonplace. In fact, one in six children nationwide live in a household with a step-parent, step-sibling, or half-sibling. And about 65 percent of remarriages create a blended family.

The most-famous blended family is a television one—the Brady Bunch. When Mike and Carol Brady married, each brought three children into the marriage. Mike had three boys and Carol three girls.

Fortunately, Mike and Carol managed to raise the kids as one big, happy family. But let’s fast-forward a few decades: What would have happened if Mike died before Carol?

If Mike died intestate (meaning that he died without a will), then his property would go to Carol consistent with their locale’s intestacy laws. In other words, Carol would get most, if not all, of Mike’s stuff.

Now let’s say that Carol dies a few years later without creating a will or getting married again. All of her stuff goes to her daughters. Mike’s sons, on the other hand, get nothing.

And if Carol married, and then died intestate, the result would be even worse. Carol’s new husband would get the lion’s share of Mike’s property. And, again, Mike’s sons would get nothing.

Now let’s play the scenario out again, assuming that Mike, Carol, and the kids were not one, big happy family. When Mike dies, Carol can stop Mike’s sons from visiting the family home. She can block them from receiving any sentimental mementos. And, of course, she can funnel all of Mike’s wealth away from his biological sons and to her daughters, even though Mike was not their biological father.

As we can see, blended families pose troubling issues, whether or not the blended family likes each other. Fortunately, by being proactive, these troubles can be banished before storm clouds have a chance to gather.

Step one: Act now. Don’t wait until you get sick or hurt. Make a plan years before you think you will need it.

Step two: Tell your family the plan, preferably in person and again in writing. Disclosure early can cure many ills later.

Step three: Regularly update your plan to keep up with current events. For example, if one of your kids takes care of you while others don’t, you may want that kid to receive more since they did more.

Step four: Notify your family about the updates, preferably in person and again in writing.

Now that we’ve covered the steps we should take, let’s circle back to the planning stage with four tips to protect both your assets and your family.

First, a simple will is normally too simple to address the complexities of a blended family. Don’t create a will that simply says your assets will pass to your spouse—unless you want your spouse to have the power to cut off your biological kids after you are gone.

Second, think hard about creating a trust rather than a will. The advantage here is that a trust is a vastly more flexible tool than a will for passing your wealth. For example, unlike a will, a properly drafted trust can protect your kids’ access to your assets if your spouse gets remarried. Similarly, unlike a will, a trust can be written to leave assets for your spouse during their lifetime and then, after they pass, transferring what is left over to your kids.

Third, if you create a trust, pick a trustworthy and sophisticated trustee. This person’s job will include investing the trust’s assets and then distributing them to the trust’s beneficiaries. These roles, in turn, create a natural conflict between your spouse and kids. That’s because your spouse benefits from the trustee distributing money during the spouse’s lifetime while the kids benefit from the trust growing rather than spending the trust assets. As a result, the trustee needs to know not only how to manage the trust funds, they also need to understand how to swim through potentially tense family drama.

Fourth, consider putting some of your assets into accounts that will automatically transfer to your kids when you die, so that they are taken care of regardless of what your spouse does. For instance, you can go to your bank, fill out a form designating your beneficiary and, voila, the designated beneficiary will receive that account when you pass. These accounts (which are known as pay-on-death accounts, informal trusts, or Totten trusts) have several advantages: They’re free, easy to create, and simple to use for your designated beneficiary.

But if you set up one of these accounts, remember to regularly review it. It would be a bummer if you originally selected one of your kids, had a falling out with them, but accidentally left them as the designated beneficiary. In that case, it doesn’t matter that you did not want them to receive anything. They would still get the account because you didn’t update the beneficiary.

In sum, while blended families have become common, they are by no means easy. Indeed, they provide fertile ground for family drama. But with some thoughtful planning, this rich soil need not blossom into conflict. To avoid your death becoming the spark that sets your family ablaze, speak with an experienced estate-planning attorney.

This column is for informational purposes only and is not intended to be taken as legal advice. For your specific case, consult a lawyer.

Jordan Sundell | Author
Jordan Sundell is a lawyer primarily practicing business, real-estate, estate-planning, and asset-protection law. He formerly worked for the CNMI Supreme Court and Bridge Capital and is now general counsel for several real-estate companies, including JZ Group. His columns—focused mainly on real estate, small business, and estate planning—are published every other Tuesday. Be sure to like the Fine Print on Facebook! Contact Sundell via this newspaper at editor or 235-6397/235-2440.
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PURPOSE AND INITIAL INVESTMENT
The purpose of the Neighborhood Community Newspaper is to reach a very small group of people living within proximity to each other with specific local news relevant to them. This target group should range to no more than 2,000 homes.

The initial investment of starting this type of business will include, but is not limited to the following:

A mockup newspaper to show advertisers. 50 copies of a 4-page, color newspapers ($129).
A registered trade name of your newspaper or business with the Secretary of State (optional, $10-$40).
Time. Time to do the proper research, sell the ads, and design your newspaper.

POTENTIAL INCOME
Income range will vary, depending on what you charge for ads and how many ads you sell. Let’s look at some scenarios:

Averaging 4 ads per page, you can sell 32 ads for an 8-page newspaper. Averaging $100 a sold ad, you can generate $3,200 of income each month. Your print costs for 1500 newspapers would be approximately $600 and your mailing costs should be somewhere around 18 cents apiece ($270). This means you would net $2,330 each month. You would need to sell 9 ads just to break even. Anything over that would be profit.
Averaging 3 ads per page, you can sell 36 ads for a 12-page newspaper. Averaging $75 a sold ad, you can generate $2,700 in income each month. Your printing costs for 2000 newspapers would be approximately $1,050 and your mailing costs should be somewhere around 18 cents apiece ($360). This would net you $1,290 in profit. You’d need to sell 19 ads to break even.
Averaging 2 ads per page, you can sell 32 ads for a 16-page newspaper. Averaging $150 per sold ad, you can generate $4,800 in income each month. Your print cost for 1000 newspapers would be approximately $1,050 and your mailing costs should be somewhere around 18 cents apiece ($180). You would net $3,570 a month. You’d need to sell 9 ads to break even.
Obviously, just by selling more ads, changing what you charge for ads, and based on the number of copies you actually need, these numbers can change dramatically. It may or may not be difficult to sell 32 to 36 ads each month. But even if you sell only half that number, you can still make a decent part time income.

THE RIGHT MINDSET
The proper vision is key to your success in starting a profitable Neighborhood Community Newspaper. You must think beyond making money. The profit and income from your endeavor is secondary to the difference you can make in your neighborhood. As we’ve become more crowded, our societies have become more distant. It is not unusual for people living right next door to each other not to know each other at all. Your newspaper can change all of that.

What is your goal for this newspaper? What will keep you going when things get a little rough? Without that vision, your endeavor may not succeed. Are you trying to bring the community together? Are you trying to offer a service no one else is? What is your vision?

Once you have a vision, you can begin, but the whole endeavor may very well depend upon it. With a Neighborhood Community Newspaper, you are targeting a very small select group of people. This group of people is bonded by proximity to each other and that is a powerful bond. Living next to someone implies interaction and influence. Your thinking needs to turn toward this special bond, not to exploit it, but to deepen it. Your newspaper can become the glue that unites neighbor with neighbor and brings a degree of integration that was missing.

CHOOSING YOUR NEIGHBORHOOD
The absolute best neighborhood to target is your own. Not only do you live there, but you have a vested interest in everything that happens. The stories you write about pertain to you. The information you gather pertains to you. Since you are part of the neighborhood, your word has more power and validity with your neighbors, and more than that, you build a type of credibility that propels you into a leadership role.

Sometimes, however, your own neighborhood is not ready to support such a community newspaper. In some cases, advertisers will not be interested in reaching the demographics within your neighborhood, so you may need to look for another neighborhood not too far away. Your own neighborhood is best to start in, but sometimes your neighborhood is not the best option for a community newspaper.

Study the demographics of your chosen neighborhood. What is the medium income? What is the medium age? What makes your neighborhood unique? When you approach advertisers, you want to be armed with this information. Indeed, knowing this information will help you approach the right advertisers. In addition, know where all the churches, services, and businesses are that are directly within the neighborhood itself. Many people run a business out of their home, and the more of these you can find within your own neighborhood, the better off you’ll be.

HOW OFTEN, HOW MANY, AND HOW BIG?
For a Neighborhood Community Newspaper, you will want to print once a month. You can probably get away with every other month if you needed more time to gather content, but do not attempt to do it more than once a month. News in a very small area such as a neighborhood will be more difficult to gather than in a larger city.

You’re going to want time to allow people to give you the news and to find the news you will be adding. Once a month is the best by a long shot.

As to how many copies you print, it should be no more than 2000 copies. You most certainly want to print enough to give one copy into the hands of every resident in the neighborhood. Having extras to put around the community is okay if you have them, but may not be necessary. Go to the USPS Every Door Direct Mailing website and use their free tool to see what carrier routes cover the targeted homes. Your best pricing for EDDM will come if you saturate the carrier route entirely. In other words, if there are 205 stops on a particular route, then that is how many newspapers you’ll need to provide USPS for that route. More information on this can be had from their website.

The size of your newspaper will hopefully grow over time. You will start, however, with either a 4 or an 8-page newspaper. But it can grow to be as large as you need it to be.

APPROACHING ADVERTISERS
You approach advertisers for a Neighborhood Community Newspaper differently than you would for some other type of newspaper. Here are some thoughts:

Be armed with as many statistics about the demographics of the neighborhood as you can. You need to be able to tell an advertiser who you are targeting and who their ads will be shown to.
Always approach the person who can pull the trigger on the ad. Don’t talk to an employee or a manager that can’t make this decision.
Don’t be bothered when someone says no. That’s part of the deal. Shake that off and go on to the next one.
Have a copy or mockup of your newspaper to show a potential advertiser. In fact, it may be wise to let the mockup newspaper contain all the information you would use in a sales pitch and then leave the copy with the business owner.
Use contracts with discounts to lock down advertising money for consecutive issues.
Ask advertisers to contribute articles to your newspaper. Many of them would love to do that, knowing it will give them even more exposure for their business.
Be excited about what you are doing. Impart your vision to the business owner and let them buy into both you and your vision.
Read our Selling Ad Tips Guide for more help.
It is also important to know who to approach. Here are some additional thoughts:

First approach every business, church, and service immediately within your neighborhood. These will probably be the most interested in advertising with you.
2. Secondarily, approach every business, church, and service within a mile outside of the neighborhood.

Sales Techniques by Evans Carmichael

GATHERING CONTENT
Gathering the content and news will most likely be your biggest challenge, even more challenging than selling the ads that you’ll put in your newspaper. You will need interesting content that matters to the families living in your neighborhood. You don’t need to put national or even citywide news in your paper. They already have access to that information, so instead, write about things they’d never hear about.

Here are some ideas of where to gather content:

From your neighbors! In your first issue, make an appeal to anyone who wants to write or who has some information that others might find interesting—include kids in the offer too. Getting children involved will be a big hit. For example, if a kid has a fundraiser coming up, have the kid write up something about it and what the fundraiser will be for. If someone moves in, interview them and introduce the new neighbors in your newspaper. The list is endless. Print graduation announcements, anniversaries, birthdays, weddings, items for sale, and any award at all someone might have earned for anything.
From the HOA. The home owner’s association, if there is one, will have lots of news. They’ll know which houses are for sale, which ones are empty, any new policies, and upcoming events.
Use your demographics to suggest stories to write. Armed with this information, you’ll be able to write things that appeal to a specific demographic. If you know, for example, that there are a lot of young couples with children, then anything that appeals to moms, dads, and kids will be great content.
Interview people. Everyone has a story, and when you let that person tell their story, you’ve just given them a reason to love your newspaper—and you’ve got content.
Ask businesses, local churches, and local services to write articles for you. They’ll like the exposure, and you’ll have more content.
Make it easy for people to write or call you with information.
Do positive write ups on local businesses, churches, and services.
Check out Places to Get Free Content.

THINGS TO CONSIDER FIRST
Your first issue will be your hardest. You’ll not only be doing everything for the first time, you will need to do some things in the beginning that you won’t do later on. For example, it would be wise to make a mockup of your newspaper before you print your first issue. You will take this mockup to various businesses to solicit advertising from them. Here are some things to consider at the very beginning:

Be ready to work hard. You’ll get out of this as much as you put in. This could easily be a part time income, but the harder you work the more profitable it can be.
Do the research into your neighborhood. Know the demographics. Know the dynamics involved. Learn about any relationships your neighborhood has with other businesses and entities. Know where all the businesses, churches, and services are within and immediately surrounding the neighborhood.
Know the advertising market. You are targeting a very specific group of people. Know how much you should charge for each ad. What are businesses already paying to target the same group? Is there any way they could effectively target your neighborhood without you?
You want, if at all possible, to get your advertisers to email you their ad in a jpg, 300 DPI format. Some may not have this and either they or you will have to build it.
You will need to familiarize yourself with design software and newspaper design. Have a mockup newspaper created and printed so that you have something tangible to show potential advertisers.

***
THINGS TO CONSIDER AFTER YOU GET STARTED
Once you have it going, it will be easier to maintain. Now you just need a constant flow of content and new advertising to replace or grow the ones you already have. Be constantly on the lookout for new ways to spruce up your newspaper. Look into adding contests and other interactive content.

Most importantly, learn from your mistakes. Identify weak points where you can streamline, cut costs, reduce the amount of time you spend on simple things, and so on.

Look to get other people directly involved to reduce the workload on your shoulders. Get people to write articles, to send you photos, and to help distribute them if need be.

DISTRIBUTING YOUR NEWSPAPER
You must mail them. Not only will this save you a significant amount of time, but it is a powerful selling tool for advertisers. They know it will get to them this way and people are a lot more apt to take a newspaper in their mail more seriously than one tossed on their driveway.

USPS Every Door Direct Mailing Services can show you the exact number of stops in any particular carrier route. Saturate the routes that directly affect your neighborhood.

You can, if you wish, leave extras in churches and business directly within the neighborhood, but mailing them is by far the best way to go.

GROWING YOUR BUSINESS AND BRAND
Once you are established and growing, you will want to continue to grow your business and brand. You may want to consider offering a website where those in the neighborhood could sign up for and get specialized content and even provide you with content.

Ultimately, if it is working well, you can branch out into other neighborhoods and continue doing what you are doing right now.

***

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