By Lane V. Erickson, Attorney You are preparing your Estate Planning including a Last Will and Testament. You are putting various information in your Last Will and Testament that is sensitive, such as disinheriting a family member. Or you are leaving more money or property to a specific family member…
Idaho Law Blog
Removing a Homeowner After a Non-Judicial Foreclosure
By Lane V. Erickson, Attorney You are a holder of a mortgage on real property located in Idaho. The borrower who owns the Home Depot that and making their regular payments to you. You did everything right and doing a non-judicial foreclosure under Idaho law. A trustee’s deed has been…
Limits on Using Off-Duty Conduct in Employment Decision
By Lane V. Erickson, Attorney In Idaho the limits of using off-duty conduct in an employment decision are mostly controlled by either an employment agreement or the “at will” doctrine described above. However, some exceptions to this may still apply. Using social media as an example illustrates these narrow exceptions.…
Using a Specific Gift List as Part of Your Estate Planning
By Lane V. Erickson, Attorney Oftentimes the simpler you can keep your estate planning the better it will be. If your Last Will and Testament is complex, then anytime a major circumstance in your life changes, you may need to rewrite your Last Will and Testament. Our goal in completing…
Bicycling Injuries
By Patrick N. George As could be expected, with the rise in bicycling, there has been a corresponding increase in injuries. A recent study showed that this increase even in the number of adult bicycling injuries between 1998 and 2013. Pocatello, Idaho has seen its own tragedies when it comes…
When is Your Employee’s Conduct an Employment Issue
By Lane V. Erickson, Attorney Scene from the TV series The Office: Michael Scott:“Yeah, Ryan snapped at me. But there was this twinkle in his eye, that I picked up on, which said, ‘Dude, we’re friends. I’m doing this for appearances. I am the big boss now. And I have…
You Cannot Prove a Total Permanent Disability if Your Vocational Expert Does Not Support You
By Fred J. Lewis In Beascoechea v. Liberty Northwest Insurance Corporation decided November 17, 2016 the Claimant was found to be 45% disabled inclusive of his 6% permanent partial impairment rating. At the time of the hearing the Claimant was 68 years old and had told everyone he was retired.…
Can I Spend My Kid’s Inheritance?
By Lane V. Erickson, Attorney Let’s assume you have been vigilant in completing your estate planning. You have your Last Will and Testament in place and it includes specific gifts that you are leaving for specific people. You have a boat that your Last Will and Testament leaves to your…
Accidents and Icy Roads
By Patrick N. George Once again temperatures have dropped below the freezing point this here in Idaho. This means that drivers and pedestrians must again be aware of the possibility of black ice on roads, bridges, and melting snow along the sides of roads. Drivers are often not cautious enough…
Can an Estate Planning Attorney Be a Witness to Prove Capacity?
By Lane V. Erickson, Attorney In Idaho, “[a]ny emancipated minor or any person eighteen (18) or more years of age who is of sound mind may make a will.” Idaho Code 15-2-501. When determining whether a person is of sound mind, Idaho Courts have stated: Accordingly, a testator must have…