Idaho Law Blog

3 Things to Know About Estate Planning Regardless of Your Age

Published on: March 4, 2017 | by Racine Olson

Estate planning is one of those things that most people really don’t want to think about. Unless you are an estate planning lawyer, or work with 1, it’s unlikely that you will know much about estate planning, or how it can help you. Has an attorney practicing estate planning for over 17 years, I’ve seen a variety of people and the estate planning that they complete. Here 3 things every adult should know about estate planning regardless of their age.

1. YOU HAVE AN ESTATE THAT NEEDS TO BE PLANNED

Commercial Vehicle Crashes Occur Near Twin Falls & Bliss

Published on: March 4, 2017 | by Racine Olson

On Tuesday, February 21, 2017, gusty winds up to 27 miles per hour caused the crash of a commercial vehicle hauling a mobile home on U.S. Highway 93 near Twin Falls. The trailer with the mobile home dislodged from the Volvo commercial truck as the driver came around a curve near milepost 43. The trailer dumped the mobile home which tipped over and skidded across the two northbound lanes of the highway. The truck driver was wearing a seat belt and was not injured in the crash.

ISP closed the two northbound lanes as wrecking crews worked to the clear the scene. The highway remained closed for approximately four hours to protect other motorists from the crash area.

Then on Thursday, February 23, 2017, at approximately 5 am, ISP investigated another commercial vehicle crash involving two vehicles on I-84 close to Bliss at milepost 142. A 2009 Freightliner hauling a box trailer was driving eastbound while another commercial truck heading in the same direction jackknifed in the lane of travel causing the two vehicles to collide. Both drivers were wearing seatbelts. The crash caused the lanes of travel on I-84 to be blocked for approximately three hours resulting in significant delays.

3 Tips About Estate Planning and Alzheimer’s Disease

Published on: March 3, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

With all of the advances in medicine, many of us are living far longer than we ever did before. With this longer life, however, there is an ever-growing number of elderly individuals who have Alzheimer’s disease, or some other form of dementia. I often have clients ask me about the estate planning steps they can take to prepare for this possibility, and to protect themselves, their property, and their loved ones if this were to happen. Here are three tips about estate planning and Alzheimer’s disease that every person should think about.

1. CAPACITY IS A LIMITING FACTOR

4 Tips for Estate Planning for a Childless Couple

Published on: March 2, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

After practicing estate planning for over 17 years one thing has become clear: there are no two people, nor are there any two couples who are alike. The good news is that estate-planning can take into consideration all the differences and unique circumstances of each person and couple and can create a customized estate plan for them. There is no place where this is more true than when you have a couple who have no children. 　Here are 4 tips for estate planning for a childless couple.

1. POWER OF ATTORNEY FOR FINANCES

Employers Should Take Care Before Relying on an Exception to FLSA Overtime Requirements

Published on: March 1, 2017 | by Racine Olson

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.

Estate Planning: 5 Things you Should Do Right Now

Published on: March 1, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Yes it’s true that no one wants to think about death. Yes, it’s also true that thinking about it come up with sugar completing your estate planning can be overwhelming. However, there are two realities that no one can escape: Death and Taxes. This blog is not about taxes. It is about death.

We all know that we are going to someday die. No one wants to think about that occurring or believe that it will happen to them before they are ready. The reality though is that death occurs all the time and it also occurs to people who are not ready. To make sure you are ready, here are five things that you should do right now to assure that you are prepared.

Young Niece of Celebrity Brings Attention to ATV Risk for Kids

Published on: February 28, 2017 | by Racine Olson

atv National attention was directed towards the harrowing accident of 8 year-old Maddie Spears, niece of pop singer Britney Spears, which occurred nearly two weeks ago. After a crash on a Polaris All-Terrain Vehicle (ATV) on the family’s property in Louisiana, Maddie was airlifted to a nearby hospital and left unconscious for two days. Her recovery has been described as nothing short of miraculous. The 8 year-old apparently swerved to dodge a drainage ditch and flipped the Polaris ATV.

ATVs (all-terrain vehicles) and UTVs (utility-task vehicles) are widely used by families not only for recreational purposes but also for work-related uses, especially in rural areas. Data from the Motorcycle Industry Council and the Specialty Equipment Market Association indicates that ATV sales in the U.S. have increased substantially over the past 10 years.

Off-Road vehicles present big safety risks for young people. Children under the age of 16 should not be allowed to drive a UTV or adult ATV and should always ride an ATV that is suitable for their age. Riders under the age of 16 should always be supervised by an adult. Idaho unlicensed operators under the age of 16 must have completed a motorbike or an approved ATV safety course to ride on national forest roads. See I.C. §49-302 (11) a.

4 Things to Know About Estate Planning and Community Property

Published on: February 28, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Idaho is a community property state. Estate planning is affected by property and it’s designation as to whether it is community property or not. There are many times when I am assisting people in completing their estate planning that they are surprised to learn how community property affects their ability to give gifts to others.Here are the four main things to know about Estate Planning and community property.

1. COMMUNITY PROPERTY IS JOINTLY OWNED

PLANNING FOR INDIVIDUALS WITH ALZHEIMER’S

Published on: February 27, 2017 | by Racine Olson

Those of us with loves ones suffering from Alzheimer’s understand the amount of effort required to provide our loved ones with proper care. Alzheimer’s is ruthless and often causes significant behavioral changes to the point where individuals who suffer from the disease require professional assistance – often in an assisted living or skilled nursing facility.

Alzheimer’s is a type of dementia that causes problems with memory, thinking and behavior. Alzheimer’s is a progressive disease, where dementia symptoms gradually worsen over a number of years. In its early stages, memory loss is mild; however, during its later stages individuals lose the ability to carry on a conversation and respond to their environment.

Alzheimer’s is the sixth leading cause of death in the United States. Those with Alzheimer’s live an average of eight years after their symptoms become noticeable to others, but survival can range from four to twenty years, depending on age and other health conditions.

What is going to happen to DACA under President Trump?

Published on: February 27, 2017 | by Racine Olson

By Joseph G. Ballstaedt

While on the campaign trail, Trump promised to repeal DACA, but his tone has changed since being elected. Should DACA recipients feel safe or should they be worried?

DACA, or the Deferred Action for Childhood Arrivals, is a program that began under President Obama. OnJune 15, 2012, he announced that the U.S. Department of Homeland Security (DHS) would not deport undocumented youth who came to the United States as children and met other criteria. These beneficiaries of DACA are often called “Dreamers.” They receive two-year work permits that can be renewed and that keep them from being categorized as deportation priorities.