Idaho Law Blog

Idaho Estate Planning for Millennials

Published on: April 10, 2017 | by Racine Olson

Having practiced as an Idaho estate planning attorney for nearly 18 years, I’ve come to learn that everyone should consider completing their Idaho estate planning. This would include the demographic group of individuals known as Millennials. Millennials are defined to be persons born in the mid 1980s through the year 2000. Today they would be between the ages of 18 to about 30. 　Basically, this is a group of young adults.

Most Millennials I have spoken to have never really considered getting their estate planning done. The reason for this is fairly easy to determine. This group of individuals are fairly young, and because of that they believe that there is plenty of time to worry about getting their Idaho estate planning done later in life, when they were more likely to need it. There really are 3 main reasons why Millennials should consider completing their Idaho estate planning.

Options Available Under an Idaho Living Will

Published on: April 5, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Like most states Idaho allows an individual to create a living will. Sometimes people use a different name for a living will such as a “Do Not Resuscitate Order” or DNR, or a “Health Care Directive”. 　These are all fancy names that lawyers use for this document but they all mean the same thing. A living will is a document where the individual who creates it can provide specific directions to his healthcare providers as to the medical treatment he wants to receive towards the end of his or her life. There are a number of different choices this individual has as to the kind of treatment they either do or do not want to receive.

Under the terms and directions of the document itself, most living will only becomes effective when three specific circumstances exist. The first is that the person has a terminal medical condition. The second circumstance is that the health care providers believe the terminal condition will lead to the imminent death of the individual. And the third condition is that the individual is unable to communicate with their healthcare providers. When these three circumstances occur the living will becomes effective and provides direction to health care providers.

3 Things to Know About Idaho Probate

Published on: April 1, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Having been an attorney in Idaho for nearly eighteen years, and having completed a number of probates for clients during that time, I find that many people are confused about the probate process in Idaho. Probate in Idaho is really not that difficult. However, I know it can be intimidating for those who don’t deal with it regularly. Here are 3 things that every person in Idaho should know about Idaho probate.

1. WHEN IS PROBATE REQUIRED

4 Tips For Avoiding Inheritance Conflicts in Your Family

Published on: March 29, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Most people are aware that Idaho estate planning is used to plan for a person’s life and death. When you ask most people about what estate planning should accomplish they will point to the giving of gifts after their death. While this is an important part of estate planning, I often tell my clients at the most important objective or goal of their Idaho estate planning should be to keep peace within the family after they pass away. Their deaths should be an opportunity for their family to come together and comfort one another and to strengthen their relationships with each other. However, I often find that the death of a parent often leads children to bicker and fight over the property that is left in the estate. Here are 4 tips on how to avoid inheritance conflicts in your family.

1. BE CLEAR AND CONCISE WITH YOUR ESTATE PLANNING

Hawaii and Maryland Stop Trump’s Revised Immigration/Refugee Ban

Published on: March 28, 2017 | by Racine Olson

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.

An Easement Without A Definite Location Becomes Definite Through Use

Published on: March 25, 2017 | by Racine Olson

By Joseph G. Ballstaedt

When transferring fee simple ownership in real property, Idaho law requires that the property description precisely describe the property. If not, the transfer is not valid. A much more lenient standard, however, applies to the conveyance of easements. If a document granting an easement does clearly and precisely define the easement location, the easement is often referred to as a “floating easement” or a “blanket easement.” These types of easements are not invalid.

In Idaho, a floating easement—or an easement grant without a definite location—it valid and becomes definite and fully defined by its initial use. For instance, in Manning v. Campbell, a written easement allowed the use of an unbuilt driveway “from the end of North 21st street of the city of Boise, Idaho, in a northerly and southerly direction, far enough to allow the [parties] to enter upon their premises.” This 1952 grant neither specified the exact location of the driveway nor its dimensions. About fifty years later, the driveway had been built, but the location and width of the easement became an issue of controversy. The Manning Court explained that the actual construction of the driveway fixed the location and width of the easement. In so doing, it supported the general rule that the initial selection of a place for an easement fixes its physical location.

4 Most Common Estate Planning Mistakes in Idaho

Published on: March 25, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

I truly believe that most people have good intentions. However, as an Idaho estate planning attorney I am often shocked and amazed by individuals who didn’t complete their estate planning before they passed away. More importantly, I’ve seen the result of the failure to make an estate plan and the impact this can have on a person’s family. Here are the 4 most common estate planning mistakes made by people that should be avoided by you.

1. FAILURE TO CREATE AN ESTATE PLAN

What is a Power of Attorney?

Published on: March 21, 2017 | by Racine Olson

By Nathan Palmer

A power of attorney is a document which provides authority for an individual to act on behalf of another. Most commonly, discussions of powers of attorney relate to either a financial power of a attorney or a power of attorney for health care. These powers of attorney should be included in every individual’s estate plan as early as possible to help avoid the necessity for court intervention in the event that an individual becomes mentally incompetent.

FINANCIAL POWER OF ATTORNEY

4 Estate Planning Tips for Parents with Only 1 Child in Idaho

Published on: March 21, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Over the years as an estate planning attorney I’ve had an opportunity to meet with many individuals whose circumstances are quite varied. Some of these individuals have many children and grandchildren, and some of them have none at all. Right in the middle I’ve had some clients who have only one child. This circumstance is unique and requires planning and some deliberate thought. 　Here are 4 estate planning tips for parents who have only one child in Idaho.

1. ESTATE PLANNING DOES MORE THAN GIVE YOUR PROPERTY AWAY

What authority does an Indian tribe have over land located in a reservation but owned by a non-Indian?

Published on: March 20, 2017 | by Racine Olson

By Joseph G. Ballstaedt

What if you are a non-Indian and purchase land within the borders of an Indian reservation? Are you submitting yourself to regulation by the Tribe and the jurisdiction of the tribal courts for matters related to your property and the use thereof? Probably not. The United States Supreme Court has explained that, as a general rule, tribes do not possess authority over non-Indians who come within the borders of an Indian reservation. This rule is particularly strong when the non-Indian’s activity occurs on land that the non-Indian owns in fee simple.

A good illustration of this rule is found in Evans v. Shoshone-Bannock Land Use Policy Commission, a Ninth Circuit case dealing with land located in Pocatello and within the borders of the Fort Hall Reservation. Evans, who inherited this land in fee simple, was not a member of the Shoshone-Bannock Tribes. He obtained a building permit from Power County—not from the Tribes—and began constructing a residence on the inherited property. The Tribes’ Land Use Policy Commission requested that Evans submit a building permit application and fees to the Tribes, but Evans refused. Eventually, the Tribes served a complaint on Evans from the Shoshone-Bannock Tribal Court, and Evans responded by seeking in federal court a declaration that the tribal court lacked jurisdiction.