Idaho Law Blog

THREE PERSONAL LESSONS I’VE LEARNED ABOUT ESTATE PLANNING

Published on: February 28, 2018 | by Racine Olson

By Lane V. Erickson, Idaho Estate Planning Attorney

If there’s one thing that I’ve learned through my nearly 20 years of experience as an estate planning attorney it is that death affects us all. It cannot permanently be avoided. This was reinforced to me personally when my aunt recently passed away. My family and I traveled to her memorial service where we were able to enjoy seeing family and friends that we haven’t visited with for some time. As I reflected on the events surrounding my aunt’s death and memorial service, there were three specific lessons that I learned from my aunt about estate planning.

1. Plan Ahead

FAMILY MEETING ABOUT YOUR ESTATE PLAN

Published on: February 25, 2018 | by Racine Olson

By Lane V. Erickson, Idaho Estate Planning Attorney

Many times after I’ve helped a couple complete their estate planning, they will ask me whether it is a good idea for them to have a family meeting so that they can describe their estate plan to their children. Whether they should share their estate plan with their children is a very personal decision that each individual or couple must make on their own. I don’t encourage it nor do I discourage it. However, whenever a client asks me this question, I do try to give them some advice about how to do such a meeting. Here are the three most important things I try to explain to these individuals.

1. Your Estate Plan is Your Private Property

HOW DO I KNOW WHETHER I HAVE AN ESTATE?

Published on: February 22, 2018 | by Racine Olson

By Lane V. Erickson, Idaho Estate Planning Attorney

Whenever I meet somebody for the first time, whether on a plane, at a family gathering, or just in some social event, inevitably I am asked what I do for a living. When I explain that I am an estate planning attorney a common response that I get is that the individual will say, “Well I don’t really own anything. I guess I don’t have an estate so I don’t really need any kind of estate planning.” Another common response is that people will say, “I can’t afford estate planning. It is just too expensive for me.”

When these statements are made to me in the form of a question, I usually take the time to explain to people why it’s important that they have an estate plan and how having an estate plan can actually be less expensive for them and their family in the long run. Here are the three most important things I try to explain to these individuals.

THE THREE BIGGEST PROBLEMS WITH IDAHO ESTATE PLANNING

Published on: February 20, 2018 | by Racine Olson

By Lane V. Erickson, Idaho Estate Planning Attorney

I have worked as an estate planning attorney for many years. During this time, and after having assisted numerous estate planning clients, I have learned that there are really 3 problems with Idaho estate planning. (To be clear, there actually are far more than just 3 problems that exist when it comes Idaho estate planning, but I’m going to focus on what I believe are the 3 biggest problems that I see come up again and again.)

Problem #1 – Ignorance of What is Needed

IDAHO ESTATE PLANNING BASICS

Published on: February 15, 2018 | by Racine Olson

By Lane V. Erickson, Idaho Estate Planning Attorney

When most people hear the term “estate planning” the first thing they think of is a Will. Perhaps this is because of movies and television shows where they have seen a will being vitally important after a person passes away. However, Estate Planning includes so much more than just creating a Last Will and Testament. Here are the three most important things that you should know about how Idaho estate planning can help you:

1. A Last Will and Testament Becomes Effective Only After You Die

THE THREE WAYS YOUR ESTATE PLAN CAN HELP OTHERS

Published on: February 10, 2018 | by Racine Olson

By Lane V. Erickson, Idaho Estate Planning Attorney

I think everyone would agree that estate planning is a wonderful way to provide a specific gift to others when you die. Having been an Idaho estate planning attorney for nearly twenty years I have seen the impact of a person’s estate planning on the lives of their loved ones and others. Based on my experience, here are the three most important ways that your estate planning can help others.

1. Security to Minor Children

IT’S TIME TO DUST THAT WILL OFF

Published on: February 2, 2018 | by Racine Olson

By Lane V. Erickson, Idaho Estate Planning Attorney

With nearly 20 years of experience as an Idaho estate planning attorney I have learned that estate planning is not a static process. Life can change rapidly. Because of those changes, our circumstances are different today than they may have been when we created our estate planning documents. Additionally, we can also count on the fact that more changes will come into our lives in the future. Because of this there are three questions you can ask yourself in order to make sure that your Idaho estate planning is current.

1. Have any Major Changes Happened in My Life?

Dividing an Estate Unequally

Published on: January 18, 2018 | by Racine Olson

By Lane V. Erickson, Idaho Estate Planning Attorney

Over the nearly two decades I have spent working as an estate planning attorney I’ve heard numerous questions from clients about how to divide their estate among their children. Most recently, the question that seems to arise is whether a client can divide their estate unequally among their children. This question has come up for many reasons. Consider the following scenarios:

• Suppose you have two adult children. One is a teacher at an elementary school. The other is a dentist. The amount of money that each of these children makes in income is quite different.

The Law has Changed for Injured Idaho Undocumented Workers

Published on: January 18, 2018 | by Racine Olson

By Fred J. Lewis

La ley ha cambiado. Los trabajadores lesionados indocumentados ahora pueden obtener los beneficios discapacidad que se les pagan.

There has been a big change in Idaho law. Idaho workers’ compensation insurance companies now have to pay undocumented workers all benefits available under the Idaho Workers’ Compensation Act. In the past, undocumented workers were only entitled to be paid medical benefits to cover bills with doctors and hospitals, total temporary disability benefits, and permanent partial impairment rating benefits. The Idaho Industrial Commission had decided in the Diaz case that there was no legal labor market for undocumented workers, and they were not entitled to either permanent partial disability benefits or total and permanent disability benefits.

Vocational Experts Make Your Case

Published on: October 20, 2017 | by Racine Olson

By: Fred J Lewis

Idaho Worker’s Compensation cases are controlled by the Idaho Worker’s Compensation Act which is contained in the Idaho Code. Idaho Worker’s Compensation Claims are 100% statutory creatures. These claims were created 100 years ago by the Idaho Legislator. Injured workers were no longer required to prove their employers were negligent and hurt them.

The most significant benefit that you will be paid in you Idaho Work Comp case is the disability that is over and above your impairment rating. The factors that increase your disability over and above your impairment or permanent partial disability consist of non-medical factors such as, your wage loss, your loss of labor market access, your age, and the level of your education. The Idaho Industrial Commission looks at each of these factors and then calculates your permanent partials disability, or PPD benefit. The most influential factor in increasing your PPD benefit is the wage loss you suffer as a result of your injury and the restrictions that are caused by your injury.