Idaho Law Blog

6 Estate Planning Resolutions You Should Make for 2017

Published on: February 11, 2017 | by Racine Olson

A new year is always a wonderful opportunity to determine what steps you need to take to protect yourself and your family through your Idaho estate planning. Each year brings change, and our lives and in the lives of those around us. Whether we like it or not these changes need to be addressed and dealt with in a way that will help us move forward productively. 　With 2017 upon us here are 6 Idaho estate planning resolutions you should make this year.

1. COMPLETE BENEFICIARY DESIGNATIONS ON RETIREMENT ACCOUNTS

IDAHO MEDICAID LONG-TERM CARE BENEFITS

Published on: February 10, 2017 | by Racine Olson

By Nathan R. Palmer

Medicaid was signed into law in 1965 for the purpose of providing certain benefits, including medical benefits, for individuals in financial need. While the Medicaid program was enacted by the federal government, each state is responsible for administering the program for its citizens. Generally speaking, eligibility for Medicaid benefits depends on an individual’s income and assets.

Idaho Medicaid benefits include assistance for the aged, blind, and disabled (sometimes referred to as AABD benefits). AABD benefits are generally available for individuals over age 65 and/or those who are blind and/or disabled. Providing coverage for an elderly individual’s stay in a long-term care facility is one benefit available through the AABD program.

Drafting a Good Job Description

Published on: February 10, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

It doesn’t really matter whether you have 10 or 10,000 employees, your business, or any business with employees will gain a direct benefit from having well written, accurate job descriptions. 　Accurate job descriptions in an engagement letter or an employment agreement helps to eliminate confusion. More importantly, having an accurate job description also ensures that all duties of the job are assigned efficiently and to employees who are qualified. The most import benefit from having well written job descriptions is that they help protect the employer when things go bad.

1. START OFF RIGHT

The Strange Doctrine of Adverse Possession and Its Origins

Published on: February 10, 2017 | by Racine Olson

By Joseph G. Ballstaedt

The doctrine of adverse possession of real property is a strange legal concept, yet one deeply imbedded in American law. Under this doctrine, a person who trespasses onto and possesses the property of another can, after enough time has passed and if certain other conditions are met, become the legal owner of the property. This doctrine arguably condones trespassing by rewarding “squatters” for conduct that seems unfair, unjust and contrary to long-held principles of private property ownership. However, the requirements to actually prove adverse possession are stringent enough that the doctrine is infrequently applied. It is typically used to resolve ownership disputes in favor of the person who has actually occupied, cared for, and paid taxes on the property.

Each state has specific requirements enumerated in court decisions and statutes that must be met to acquire land through adverse possession. In Idaho, a person claiming ownership by adverse possession first must prove he or she has possessed the property for the statutory period. Up until 2006 this period was five years in Idaho. The Idaho Legislature amended the statute in 2006 to extend the period to 20 years. The person must also prove his or her possession was “actual, open, visible, notorious, continuous, and hostile” to the owner of record, and that he or she has enclosed, improved, and paid taxes on the disputed property. If these elements are proven by clear and convincing evidence, the claim of adverse possession succeeds and the judge will issue a judgment declaring the person to be the legal owner of the property.

TWO TASKS YOUR ESTATE PLANNING ATTORNEY CANNOT PERFORM

Published on: February 10, 2017 | by Racine Olson

By Nathan R. Palmer

Most of our Idaho clients hire us to draft three basic estate planning documents: (1) a will or trust; (2) a power of attorney for health care; and (3) a power of attorney for financial affairs. Walking out of our office with those three documents does not necessarily mean your estate plan is complete. There are several additional tasks our clients likely need to perform after they leave our office. The two most common tasks include updating beneficiary designations on retirement accounts and life insurance contracts.

As a general rule, individuals with retirement accounts (whether employer sponsored or not) must list beneficiaries to their accounts. Most individuals list their spouses as the primary beneficiary of their accounts and, if available as an option, list their children as contingent beneficiaries in equal shares. Most of our clients have not reviewed their beneficiary designations for several years – or even decades – and rarely think of doing the same. Unfortunately we see cases in which clients forget to update their beneficiary designations so their retirement accounts end up being distributed contrary to our clients’ intentions. It is important to understand who you have designated as beneficiaries of your respective retirement accounts.

Don’t Drive Through Flooded Sections – Find Another Route

Published on: February 9, 2017 | by Racine Olson

I-86 Closed Near Raft River Due to Standing Water

Idaho State Police report that I-86 at milepost 14 has an estimated one and a half feet of standing water for a 200-foot stretch just east of the I-84/I-86 (“the split”) interchange near Raft River. The Idaho Department of Transportation closed Interstate 86 on Monday between mileposts 0 and 36 because of flooding over the Raft River bridges.

There is not yet an official alternate route around the closed section of the interstate. Motorists are being warned via the electronic reader boards at Glenns Ferry and Pocatello of the closures. Bridges over the Raft River for alternate routes are in the same flooded condition as the interstate bridges. Map out your trip prior to leaving home and check for road conditions and closures to choose the safest way to arrive at your destination.

Sometimes Subsequent Injuries Are Covered and Sometimes They Are Not.

Published on: February 9, 2017 | by Racine Olson

By: Fred J. Lewis

On July 20, 2016 the Idaho Industrial Commission filed their Finding of Fact Concussions of Law and Order in Funke v Atkison Logging Company Inc. and Liberty Northwest Insurance. In this case the Claimant suffered a compensable accident which resulted in Total Permanent Disability. It left him with a burst fracture of L1, a right below knee amputation, paraplegia, neurogenic bowl and bladder, and without sensation below the wrist. Mr. Funke loved to deer hunt even after his Idaho Worker’s Compensation accident. He was given an ATV for mobility by Liberty. While he was deer hunting on November 18, 2009 on his ATV, he fractured his right femur while getting off of his ATV. The Surety denied the claim. While deer hunting again on his ATV on December 1, 2014 he fractured his left femur. Liberty denied both of the claims taking the position that this was a subsequent accident and not part of his Idaho Worker’s Compensation claim.

The Claimant contended at the hearing that the fractures were the direct and natural consequence of osteoporosis which arose from the Claimant’s paralysis caused by the compensable industrial accident. Two of Claimant’s treating physicians offered their medical opinions in support of the claim that the osteoporosis lead to him breaking the two femurs. The total medical bills calculated to $95,732.93.

Nursing Homes and Bed Sores

Published on: February 9, 2017 | by Racine Olson

By Patrick N. George

How many of us have ever gotten up on a work day and thought to ourselves, “I just want to stay in bed”? How many of us on a weekend have spent the day lounging around, whether in bed or a recliner in front of the TV? Occasionally, this indulgence is a wonderful refresher. However, being confined to a bed or recliner can result in serious injury.

You have no doubt been to a nursing home and noticed that some of the patients are confined to their bed. The caregivers in these institutions must be aware of the danger of decubitus ulcers on these fragile patients. These ulcers are commonly knowns as “bed sores” and are much easier to prevent than to cure. In fact, every year people pass away due to infections from bed sores that never get treated properly. A bed sore usually occurs over an area where the bone is close to the surface. This causes pressure on the skill from both the bone and the outside environment.

Estate Planning Family Meetings

Published on: February 9, 2017 | by Racine Olson

By Nathan R. Palmer

A basic estate plan includes a will (or a trust), power of attorney for financial affairs, and power of attorney for health care. One of the most crucial elements of any estate plan is the person, or people, you choose to act on your behalf. How will your loved ones know who you have chosen to act on your behalf? Will some of your loved ones feel left out?

Holding a family meeting shortly after completing an estate plan can be extremely beneficial. Most family meetings are held at the parents’ home with invitees consisting solely of the parents’ children. I generally advise clients to not invite in-laws or significant others as family meetings are a time for parents to meet with their children and explain their desires. Children often provide input or ask questions at these meetings.

Is President Trump’s Immigration Ban Illegal or Unconstitutional?

Published on: February 8, 2017 | by Racine Olson

By Joseph G. Ballstaedt

On January 27, 2016, President Donald Trump shocked the world by ordering a travel and refugee ban. This executive order specifically bars citizens from seven majority-Muslim countries (Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia) from entering the United States for 90 days, regardless of their visa category. It also suspends admission of refugees from any country for 120 days, and it indefinitely suspends refugees from Syria.

Before elected, President Trump called for a “total and complete” ban on Muslims coming into the United States, according to one of his campaign press releases, but many thought these types of statements were all talk. The executive order is not a ban on all Muslims, but it has certainly sparked controversy and questions of religious tolerance. Many claim it is un-American in that it conflicts with our rich immigrant heritage. Many claim it is also illegal and unconstitutional, and various suits have been filed across the nation.