By Lane V. Erickson, Attorney Making all the decisions about and creating an estate plan can be an intimidating and complex process for many people. One of the biggest decisions that must be made is who will be in charge of handling your estate for you after you pass away.…
Idaho Law Blog
If I am Terminating an Employee Does the WARN Act Apply
By Lane V. Erickson, Attorney Employment ends for positive reasons such as a new job, a resignation or retirement. Employment also ends for more negative reasons such as layoffs, downsizing, job termination or firing. Assuming that you have taken all possible steps to help an employee improve their work performance,…
In Idaho, when a landowner flood irrigates, can he let water flood into his neighbor’s property?
By Joseph G. Ballstaedt The answer to this question may seem to be a no-brainer. You can’t flood another person’s land, right? Well, it depends. Under Idaho law, it is generally considered trespass to enter another’s land without permission, whether the entry is walking on the land, throwing objects on…
School Zone Safety Concerns in the News
Recent news reports from the Twin Falls area highlight concerns regarding school zone safety for young students. Parents living within the Rock Creek Elementary school district express the need for improvements on Grandview Drive North since a portion of the road does not have sidewalks. Although bus routes have been…
4 Things You Should Do With Your Estate Plan Before You Travel
By Lane V. Erickson, Attorney I’ve had a number of both new and current clients who come to me just prior to leaving on a vacation or a trip abroad who are concerned about their estate plan. It seems that the idea of traveling, whether to a remote location or…
IS MY SPOUSE HIDING ASSETS PRIOR TO DIVORCE?
By Nathan R. Palmer Gamesmanship is common during a contentious divorce. One common example of gamesmanship is the hiding of marital assets in anticipation of divorce. Hiding assets can come in many shapes and sizes, including stowing cash from bank accounts, taking personal property items from the home, and going…
Illegal Lockout by a Landlord
By Lane V. Erickson, Attorney By and large, most tenants are pretty good, but one bad tenant can give a landlord nightmares and cause him to question whether he should ever rent again. Sooner or later a landlord will be faced with the task of evicting such a tenant. However,…
A History of the Fair Labor Standards Act
By Lane V. Erickson, Attorney The Fair Labor Standards Act of 1938 (abbreviated as FLSA; also referred to as the Wages and Hours Bill) is a federal statute of the United States that changed employment relationships dramatically. The FLSA introduced the forty-hour workweek, established a national minimum wage, guaranteed “time-and-a-half”…
3 Things to Know About Estate Planning and Divorce
By Lane V. Erickson, Attorney Once you are married, you stay that way legally until a judge signs a divorce decree. If you are separated from your spouse but not divorced and then you die or become disabled, your estranged spouse may still have legal control over you and your…
What happens to retirement benefits in divorce?
By Heidi Buck Morrison One of the assets that must be dealt with in divorce is the parties’ retirement accounts such as pensions, 401Ks and IRAs. Upon divorce, retirement benefits must be valued and divided. With respect to valuing a retirement account, there are two valuation methods used by courts.…