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…
Idaho Law Blog
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…
If I Own Property in Several States How Does Probate Work?
By Lane V. Erickson, Attorney As an attorney my job is to apply my expertise, knowledge and experience to help individuals in Idaho solve their Estate Planning and probate problems. Often, when I meet with individuals, they have a series of questions that are specific to their circumstances. I really…
The Rejection Letter: How to Let An Applicant Down Easy
By Lane V. Erickson, Attorney As an employer you have faced this situation many times. You completed the job application. You narrowed down and interviewed your top choices. All of your hard work paid off and you found the right person for the job. You are excited to hire this…
Can I Change My Estate Plan?
By Lane Erickson, Attorney My job as an attorney is to help individuals complete their Idaho estate planning so that they are prepared for the uncertainties of life. The very nature of life makes it so that plans sometimes change. One of the questions my clients often ask me is…
3 Things to Know About a Living Will
By Lane V. Erickson, Attorney The variety of document that can be used to complete an estate plan are amazing. That usually do fall into several basic categories including Distributing property, taking care of property while you were alive, and making end-of-life decisions. The document that helps with making end-of-life…