By Lane V. Erickson, Attorney As an estate planning attorney I often meet with clients to discuss the creation of their personalized the state plans. During these conversations inevitably my clients bring up their children, and often the circumstances of each child. I have found that during these discussions my…
Idaho Law Blog
3 Things to Consider About Estate Planning and Divorce
By Lane V. Erickson, Attorney Life is uncertain. There is no area of law where this is more true than in estate planning. I often have clients come see me who, after completing their estate planning, end up getting a divorce. When this occurs several new issues arise that have…
3 Reasons to Complete a Free Estate Planning Consultation
By Lane V. Erickson, Attorney Estate planning is as unique as the individuals who seek to have it completed. What I mean by this statement is that there is no single estate plan that will work for every individual. Rather, and estate plan should be as unique as the individual…
Ninth Circuit Refuses to Grant Stay of TRO on President Trump’s Immigration Ban
By Joseph G. Ballstaedt At 4:35 p.m. on February 9, 2017, President Trump tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” This unsurprising tweet responded to the Ninth Circuit Court of Appeals and its decision not to stay a temporary restraining order (TRO) issued by…
Dealing with Creditors of Trust
By Matthew P. Stucki There are numerous reasons that an individual, known as a Grantor, may decide to use a living trust as the vehicle to transfer his or her property upon death. In most living trusts, the Grantor directs the Trustee to settle with the Grantor’s creditors before distributing…
Notice to Creditors Upon Death of Testator
By Matthew P. Stucki On of the main responsibilities of the personal representative of an estate is to deal with the decedent’s creditors. The first step to start identifying who the decedent’s creditors are would be to examine the decedent’s mail and personal documents. The next step would be to…
Punitive Damages Awards in Idaho
By Joseph G. Ballstaedt Idaho law defines punitive damages as “damages . . . over and above what will compensate the [suing party] for actual personal injury and property damage.” They are extra damages that serve the public policies of punishing a wrongdoer and deterring future, similar behavior. For example, if a…
Some Judgments, Including Those Based on Fraud, Are Not Always Avoidable Through Bankruptcy
By Joseph G. Ballstaedt When deciding whether to sue a person or entity, you must be aware that the person or entity may not be able to pay a judgment awarded by a court or may be able to avoid paying the judgment, even if it has the means to…
Adopting a Child in Idaho
By Joseph G. Ballstaedt Adoption became a recognized legal practice in the United States back in 1851, when Massachusetts passed the Adoption of Children Act, which recognized adoption as a legal means to improve child welfare. Recent studies estimate that about 135,000 children are adopted in America every year, with…
New Immigration Bill Seeks to Reduce Legal Immigration By Half
By Joseph G. Ballstaedt Two Republican Senators from Arkansas and Georgia, Tom Cotton and David Perdue, have sponsored new legislation that would limit legal immigration. It is reported that this legislation—the Reforming American Immigration for Strong Employment Act or RAISE Act—would cut by more than half the number of refugees…