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SEEHAFER v. SEEHAFER

No. 20050069.

704 N.W.2d 841 (2005)

2005 ND 175

Lyle SEEHAFER, Plaintiff and Appellant v. Janice SEEHAFER, Defendant and Appellee.

Supreme Court of North Dakota.

October 18, 2005.

Attorney(s) appearing for the Case

Michael S. McIntee of McIntee Law Firm, Towner, N.D., for plaintiff and appellant.

Ted D. Seibel of Ted D. Seibel, P.C., and Maryha Fasching, third-year law student (argued), Harvey, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] Lyle Seehafer appeals from a judgment granting his former sister-in-law, Janice Seehafer, a probate homestead on land owned by Lyle and his brother Arlo in joint tenancy. The trial court awarded Janice damages after finding Lyle caused her to involuntarily leave the homestead property.

[¶ 2] We conclude a probate homestead may not be created when the claimant has never held any interest in the property on which the homestead...

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