Articles Posted in Uncategorized

By Lane V. Erickson, Pocatello Estate Planning Attorney

As an estate planning attorney practicing in Pocatello Idaho, I have come to learn that having a written estate plan is the very best thing that you can do both for yourself and for your family and loved ones. When you don’t have a written plan there are so many things that are left up to chance, and that open the door for misunderstandings, disagreements, and outright family fights.

My goal as a lawyer helping others with estate planning is to first of all accomplish exactly what they want, and secondly to do everything possible to keep the peace. Your disability or death should be events that bring your family closer together rather than tearing them apart. However, this is exactly what often happens when there is no written estate plan, or a poorly written one.

By Lane V. Erickson, Idaho Estate Planning Attorney

As an Idaho estate planning and probate attorney I often help individuals and families through the probate process when a loved one passes away. This usually includes representing the individual who is appointed by the court as the personal representative of the estate. In doing this my job is to make sure that the personal representative completes all the steps necessary in the probate process. Additionally, I make sure that when the probate is completed, we’ve done everything necessary to eliminate any liability that can rest with the personal representative.

One of the basic steps in a probate is to prepare an inventory of the estate. The inventory is nothing more than making a list of all the assets and debts that were owned or owed by the decedent on the day they passed away.

I HAVE AN ARBITRATION AWARD, NOW WHAT?

By Heidi Buck Morrison

Not every dispute plays out in a courtroom. Sometimes parties resolve their dispute through the process of arbitration. Arbitration is a form of alternative dispute resolution that involves the parties bringing their dispute before either a panel of arbiters or a single arbiter. Often times, people choose arbitration for cost and time efficiency as it is usually cheaper and faster than litigation. It can also offer parties more privacy than litigation where documents filed with the court become public record.

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

By Joseph G. Ballstaedt

Trump has now issued two executive orders that target immigration and refugees from predominantly Muslin countries. To the relief of many Idahoans, neither has passed the scrutiny of federal judges. When Trump issued his first executive order, civic leaders in Idaho’s refugee communities expressed great concerns. “People are fearful and anxious and don’t know what to expect — they feel they have been pointed out for discriminatory treatment,” explained Jan Reeves, the director of the Idaho Office for Refugees, a private organization that coordinates with the federal government to resettle refugees in the Boise area. Trump’s first executive order also prompted roughly 600 Idahoans to gather in the Boise airport to voice their protest.

Mr. Reeves and these Idahoans have been relieved—twice. After the first order was struck down, the softer, second order was issued on March 6, 2017. In Trump’s own words, it was a “watered down” version of the first. It contains some changes President Trump and his legal team obviously hoped would allow it to survive the courts’ examination. Trump has been disappointed again. Federal district judges in Hawaii and Maryland have either blocked the entire order or key provisions.

By Joseph G. Ballstaedt

Donald Trump received the majority of Idaho votes in the recent election and more than twice as many votes as any other candidate. However, his policies could be a big problem for Idaho. President Trump’s plans to crack down on illegal immigration could weaken a significant part of Idaho’s economy: the undocumented workforce. Even if these workers are not deported, Trump’s recent actions, including ramping up immigration raids, have made undocumented immigrants grow uneasy, with some afraid to go to work.

Without the immigrant workforce, some Idaho business owners don’t believe their industries are sustainable. For example, Terry Jones, the owner of the dairy farm on Rim Fire Ranch in Emmett,　Idaho, explained there aren’t enough Americans willing to fill the dairy industry jobs. He may have a point. About 2 in 5 workers in the Idaho dairy industry are immigrants. “The reason we have those individuals working for us,” Jones explained, “is because they are skilled; they know how to care for the animals.”

By Lane V. Erickson, Attorney

The saying that the only constant in life is change, is as applicable to estate-planning as it is to any other aspect of your life. There is no doubt that as time goes on change will occur in your life. But, change doesn’t have to unsettle your estate planning. with a solid estate plan any of the changes that occur can be anticipated and can be planned for. Here are 4 tips for how you can prepare your Estate Planning to deal with the changes in your life.

1. PLAN FOR EXPECTED CHANGES

By Lane V. Erickson, Attorney

Estate planning is a very personal thing to accomplish for an individual or couple. Haven’t been an attorney practicing estate planning for over 17 years I’ve come to realize that talking about Estate Planning and getting it accomplished are difficult things for many people. Once an estate plan is completed, many people are hesitant to talk to others about their estate planning. Understandable that people would want to keep their lives private, however, here are 3 tips on the estate planning conversations that you could and probably should have with your children.

1. YOUR ESTATE PLAN IS YOUR PROPERTY

By Joseph G. Ballstaedt

Under the Fair Labor Standards Act, employers are generally required to pay employees overtime pay, which is one-and-a-half times the regular pay. Overtime pay kicks in after an employee works 40 hours in any given week. There are several common exemptions to the overtime pay requirement, which apply to commissioned sales employees; computer professionals; drivers, driver’s helpers, loaders, and mechanics; farmworkers; salesmen, partsmen, and mechanics; employees at seasonal and recreational establishments; and executive, administrative, professional and outside sales employees.

These and all other exemptions are narrowly construed against employers asserting them, and employers have the ultimate burden of proving an exemption applies. As a result, any employer seeking to avoid paying overtime should take great care to check the exact terms and conditions of the exemption relied upon.

By Lane V. Erickson, Attorney

I just read a recent post by a person complaining about Idaho’s Employment Laws and how they were so unfair and hard because this person’s daughter was terminated without cause, and she didn’t get any lunch break while she worked. This person had moved from California. They compared Idaho’s Employment laws to those in California and determined that Idaho’s laws were ludicrous and a joke because they offered no protection for the employees.

This person’s feelings are not uncommon. I often meet with potential clients, most of whom have lost their job, and have to explain to them that while what happened to them may not be fair or even morally right, it is not illegal under current federal or state law. Here are some of the basics that everyone should know about Idaho’s Employment laws.