Idaho Law Blog

3 Steps to Having an Effective Living Will

Published on: February 27, 2017 | by Racine Olson

Many of my estate planning clients do not know what a Living Will is or how it is a part of estate Planning. It is important to understand that a Living Will is a vital part of estate planning. It has nothing to do with giving away your assets. Rather, a Living Will is a directive signed by you that informs your Physicians and medical care providers about the decision you have made concerning how your life is too end. It gives you the ability to provide specific instructions now while you are able, so that if a time comes when you can no longer communicate your directive as written in your Living Will will be followed. Here are the 3 main steps to having an effective Living Will.

1. PUT IT IN WRITING

Pedestrian v Pick-Up Crash Claims Life of 44 Year-Old Man

Published on: February 26, 2017 | by Racine Olson

The ISP reports that a pedestrian was killed on Friday evening, February 17, 2017. Around 9:00 p.m. a 44 year-old male from Yakima, Washington walked into the lane of traffic on I-84 at the Exit 27 off ramp for Centennial Road in the City of Caldwell, Canyon County. A pick-up driven by a 27 year-old from Caldwell struck the pedestrian causing fatal injuries. The off ramp was blocked for approximately two hours. The crash is still under investigation by the ISP.

Overall in Idaho, crashes involving pedestrians decreased in 2015; there were 8 fatalities involving pedestrians. Impaired pedestrians were involved in 6% of all pedestrian crashes and 25% of fatal pedestrian crashes.

When walking, it is important to be aware of your surroundings and be watchful for unexpected situations. Walking with headphones reduces your sense of hearing and increases the likelihood that you will be struck by an approaching vehicle or bicycle. Talking or texting on a cell phone while walking can distract you and take your attention away from the environment around you.

3 Reasons You Should Plan for Your Own Disability in Your Estate Planning

Published on: February 26, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

The advances in medicine over the last several decades are truly amazing. The effect is that people are living much longer now than they ever have. While this may seem like a good result, the reality is that because people are living longer there are more and more individuals who become disabled in their later years. As a result of this, each person should plan for their own disability in their estate planning by creating a valid Power of Attorney. Here are the three main reasons for having a Power of Attorney as part of your estate plan.

1. AVOID A COSTLY GUARDIANSHIP PROCEEDING

3 Reasons to Name Successors in Your Estate Planning

Published on: February 25, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

There are many times when I am helping my clients complete their estate planning that they bring to me the estate planning documents they created themselves online or through a software program they picked up at the local office supply store. Usually these documents are brought to me with the question of whether they are valid and enforceable in Idaho. Many times they are not. One of the ways that these types of a state plan usually fail is that they do not name successors.

A successor is a first, second, and third choice of persons that you have named to take care of portions of your estate planning for you when you are no longer able to do them for yourself. Most online and software estate plans do not provide for successors. There are three main reasons that you should name successors in your estate planning to help it be complete.

3 Main Steps to Completing Your Estate Planning

Published on: February 24, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

If there’s one thing I’ve learned after 18 years of practicing estate planning law it’s that most people believe completing their estate planning is more complicated than it really is. After helping hundreds of clients complete their estate planning I’ve come to see that the process is really quite simple. In fact, there really are only three main steps to completing your estate planning. 　When he steps are considered and followed creating an estate plan is really quite easy.

1. REVIEW YOUR RELATIONSHIPS

Retirement Plans and Estate Planning

Published on: February 23, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

During a normal estate planning interview with client I often find myself talking about retirement plans. My clients are always interested in knowing how their retirement plans will be dispersed when they pass away. It is helpful to bring these things up and to discuss them in the context of preparing a thorough Idaho Estate Plan so that clients have a good understanding of what is, and what is not, part of their estate planning. Here are three tips to think about when it comes to including your Retirement Plans with your Idaho Estate Planning.

1. UNDERSTAND WHAT IS NOT INCLUDED IN YOUR ESTATE PLANNING

The ISIF Slips the Hook Again

Published on: February 22, 2017 | by Racine Olson

By: Fred J Lewis

On January 27, 2017, the Idaho Industrial Commission held in Donald AIcher v The Idaho Industrial Special Indemnity Fund that the ISIF slipped the hook and avoided liability on yet another Total and Permanent Disability claim. The Commissioners rejected Referee Taylor’s decision and entered their own Finding of Fact Conclusions of Law and Order.

In this case the claimant contended that he was totally disabled as a result of a combination of preexisting impairments together with his last injury to his low back and that the ISIF was liable for a portion of his Total and Permanent Disability benefits. The ISIF argued that there was no combination and they had no responsibility. The Commission held that the Claimant had proven that he was totally and permanently disabled through the Odd-Lot status. The Commission held that this shifted the burden to the ISIF “to show that some kind of suitable work is regularly and continuous available to the Claimant” Carey 107 Idaho AT112, 686 P. 2d AT57. The Commission held that there was no job available for the Claimant. Therefore, the Claimant proved to the Commission that he was totally and permanently disabled percent to the Odd-Lot doctrine.

Resetting the Statute of Limitations in Contract Claims by Acknowledgement or Payment

Published on: February 22, 2017 | by Racine Olson

By Joseph G. Ballstaedt

Every legal claim a party can bring in court has a statute of limitations, a period of time in which the claim must be brought. The purpose and effect of statutes of limitations is to protect defendants—people who can be sued.

In rare circumstances, even after a statute of limitations has run and a party has lost its rights to sue, the other party can revive the claim. This can occur, for example, with contract claims. Under Idaho law, the statute of limitations for written contracts is five years, and for oral contracts, it is four years. However, if a party to a contract makes a written and signed “acknowledgment” or makes a payment of principal or interest on the contract, the other party’s right to sue under the contract is renewed. The statute of limitations starts over.

5 Common Estate Planning Mistakes to Avoid

Published on: February 22, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

I make my living off of being an effective estate planner with my clients. The reason I do this is because I’m passionate about everyone needing an estate plan and making sure that that estate plan accomplishes would each individual once. And helping my clients achieve their goals and create their own personal customize a state plan I found that there are many estate planning mistakes that are made by my clients. Here are the 5 most common estate planning mistakes to avoid.

1. NOT HAVING AN ESTATE PLAN AT ALL

Are Idaho’s Employment Laws Bad for Employees?

Published on: February 21, 2017 | by Racine Olson

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.