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Published on:

By Lane V. Erickson, Idaho Estate Planning Attorney

When most people hear the term “estate planning” the first thing they think of is a Will. Perhaps this is because of movies and television shows where they have seen a will being vitally important after a person passes away. However, Estate Planning includes so much more than just creating a Last Will and Testament. Here are the three most important things that you should know about how Idaho estate planning can help you:

1. A Last Will and Testament Becomes Effective Only After You Die

Published on:

By Lane V. Erickson, Idaho Estate Planning Attorney

I think everyone would agree that estate planning is a wonderful way to provide a specific gift to others when you die. Having been an Idaho estate planning attorney for nearly twenty years I have seen the impact of a person’s estate planning on the lives of their loved ones and others. Based on my experience, here are the three most important ways that your estate planning can help others.

1. Security to Minor Children

Published on:

By Lane V. Erickson, Idaho Estate Planning Attorney

With nearly 20 years of experience as an Idaho estate planning attorney I have learned that estate planning is not a static process. Life can change rapidly. Because of those changes, our circumstances are different today than they may have been when we created our estate planning documents. Additionally, we can also count on the fact that more changes will come into our lives in the future. Because of this there are three questions you can ask yourself in order to make sure that your Idaho estate planning is current.

1. Have any Major Changes Happened in My Life?

Published on:

By Lane V. Erickson, Idaho Estate Planning Attorney

Over the nearly two decades I have spent working as an estate planning attorney I’ve heard numerous questions from clients about how to divide their estate among their children. Most recently, the question that seems to arise is whether a client can divide their estate unequally among their children. This question has come up for many reasons. Consider the following scenarios:

• Suppose you have two adult children. One is a teacher at an elementary school. The other is a dentist. The amount of money that each of these children makes in income is quite different.

Published on:

By Fred J. Lewis

La ley ha cambiado. Los trabajadores lesionados indocumentados ahora pueden obtener los beneficios discapacidad que se les pagan.

There has been a big change in Idaho law. Idaho workers’ compensation insurance companies now have to pay undocumented workers all benefits available under the Idaho Workers’ Compensation Act. In the past, undocumented workers were only entitled to be paid medical benefits to cover bills with doctors and hospitals, total temporary disability benefits, and permanent partial impairment rating benefits. The Idaho Industrial Commission had decided in the Diaz case that there was no legal labor market for undocumented workers, and they were not entitled to either permanent partial disability benefits or total and permanent disability benefits.

Published on:

By: Fred J Lewis

Idaho Worker’s Compensation cases are controlled by the Idaho Worker’s Compensation Act which is contained in the Idaho Code. Idaho Worker’s Compensation Claims are 100% statutory creatures. These claims were created 100 years ago by the Idaho Legislator. Injured workers were no longer required to prove their employers were negligent and hurt them.

The most significant benefit that you will be paid in you Idaho Work Comp case is the disability that is over and above your impairment rating. The factors that increase your disability over and above your impairment or permanent partial disability consist of non-medical factors such as, your wage loss, your loss of labor market access, your age, and the level of your education. The Idaho Industrial Commission looks at each of these factors and then calculates your permanent partials disability, or PPD benefit. The most influential factor in increasing your PPD benefit is the wage loss you suffer as a result of your injury and the restrictions that are caused by your injury.

Published on:

By Joseph G. Ballstaedt

Contrary to what you may believe, if you are an undocumented immigrant living in Idaho, you have many substantial rights under the United States constitution. The American Immigration Lawyers Association (AILA) wants you to understand these rights. It has posted on the Internet important information in “Know Your Rights Handouts” that explain what you should do if you have an encounter with officers from the U.S. Immigrations and Customs Enforcement (ICE). This blog post summarizes the information in these handouts and explains how to act if ICE visits you at your home or work here in Idaho, or if an ICE official stops you in a public space in Idaho.

You Don’t Have to Open Your Door

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By Lane V. Erickson, Attorney

It doesn’t really matter whether you live in Boise, Nampa, Pocatello, or Coeur d’Alene. Idaho Estate planning Basics are the same for everyone. Every adult in Idaho should have at least a basic estate plan in place for themselves and for their family. Here are the 4 components of a basic Idaho estate plan.

1. DURABLE POWER OF ATTORNEY

Published on:

By Lane V. Erickson, Attorney

So you have completed your Idaho estate planning. Congratulations! You have now accomplished more than 68 percent of adults in America. However, before you get too excited about what you have done, it is a great idea to look over what you have completed and make sure that it actually accomplishes what you want. More importantly, it is wise for you to review your Idaho estate plan including your life insurance to avoid common mistakes that can cause problems. Here’s a list of these mistakes, and if you have made them, a description of the steps you can take to fix these mistakes.

The first and most common mistake found in Idaho estate plans that include life insurance is if you’ve named a minor child or even a young adult as a beneficiary of a life insurance policy, that is a big mistake that needs to be fixed. Under Idaho law it is illegal for a minor to be the recipient directly of life insurance proceeds. Rather, before money can be distributed to the minor, there has to be a legal guardian and or Conservator who is named who will receive those monies and hold them for the benefit of the minor child. If all you have done is named a minor as a beneficiary, there is room for a legal argument to be made by several adults that they should be named as the guardian and conservator of that child. This would leave them in control of the money.

Published on:

By Lane V. Erickson, Attorney

Having practiced as an Idaho estate planning attorney for nearly 18 years, I’ve come to learn that everyone should consider completing their Idaho estate planning. This would include the demographic group of individuals known as Millennials. Millennials are defined to be persons born in the mid 1980s through the year 2000. Today they would be between the ages of 18 to about 30.  Basically, this is a group of young adults.

Most Millennials I have spoken to have never really considered getting their estate planning done. The reason for this is fairly easy to determine. This group of individuals are fairly young, and because of that they believe that there is plenty of time to worry about getting their Idaho estate planning done later in life, when they were more likely to need it. There really are 3 main reasons why Millennials should consider completing their Idaho estate planning.