Idaho Law Blog

Injury Crash Blocks State Highway 77 North of Declo

Published on: February 21, 2017 | by Racine Olson

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Injury Crash Blocks State Highway 77 North of Declo

A two-vehicle injury crash occurring on February 17, 2017 at approximately 10:07 a.m. blocked the northbound lane of State Highway 77 for nearly an hour near Declo. ISP reports that Juan Palomo, Jr. of Evanston, Wyoming was driving eastbound on I-84 at the milepost 216 off-ramp. Palomo’s vehicle crossed State Highway 77 and pulled in front of a vehicle on I-84 being driven by Lloyd Thornton of Declo. Thornton struck Palomo’s vehicle and came to rest in the northbound lane of State Highway 77. Both injured drivers were wearing seat belts. Personal vehicles transported the injured motorists to local hospitals.

ISP continues to investigate the crash and has not yet provided an update as to the type of injuries sustained by the belted drivers. Emergency crews blocked the northbound lane of Highway 77 as they worked to clear the scene of the accident.

Trump’s February Immigration Enforcement Raids

Published on: February 21, 2017 | by Racine Olson

By Joseph G. Ballstaedt

Recent immigration enforcement raids have received considerable attention. These raids, which picked up more than 680 people, were conducted between February 6 and February 10 in the Atlanta, Chicago, New York, Los Angeles, and other areas. According to Immigration and Customs Enforcement (ICE), this action was routine immigration enforcement that did not represent an increase in tempo. The Department of Homeland Security (DHS) agreed, stating: “ICE conducts these kind of targeted enforcement operations regularly and has for many years.” President Trump, on the other hand, suggested otherwise, tweeting: “The crackdown on illegal criminals is merely the keeping of my campaign promise. Gang members, drug dealers & others are being removed!” Immigrant-rights activists had named President Obama the “Deporter-in-Chief” because of the millions he deported. However, it seems President Trump is attempting to outdo Obama.

Is this routine action or an increased crackdown? The DHS emphasized that the majority (75%) of detained individuals were criminal aliens, convicted of crimes including homicide, aggravated sexual abuse, sexual assault of a minor, and DUI. However, the raids also captured immigrants without criminal records. Some immigration attorneys agree that this ICE action is “new” and that deportation priorities have changed. Cristina Jimenez, executive director of United We Dream, an immigrant youth organization, said: “This is clearly the first wave of attacks under the Trump administration, and we know this isn’t going to be the only one.”

Highway Safety in the Gem State

Published on: February 21, 2017 | by Racine Olson

AAA recently reported that the Idaho death rate for vehicle crashes increased in 2015 to 16.1%, more than two times the national average. Studies indicate that in many cases, aggressive motorists who think they can outperform others on the road create dangerous driving conditions. Also, another known contributing factor in crashes is distracted driving which continues to be on the rise.

For the most part, Idaho is considered a safe place to live, work, travel, and play. With hundreds of mountain ranges, fifty of which have elevations of 10,000 feet above sea level, it is no mystery why Idaho is called the Gem State. There are 31 scenic byways totaling 2,468 miles of road. Steep, twisting mountain highways with sharp corners can be hazardous for motorists. Inexperience, inattention and under-estimating the difficulty of travel can lead to harmful and/or deadly crashes. In addition, Idaho’s population is growing as many are drawn to the opportunities urban areas provide resulting in higher traffic volumes on the roads each day.

ITD plans to partner with legislators and state and local law enforcement agencies to identify traffic safety problems, gather data and use the data to implement public awareness campaigns and programs to reduce the number of injuries and deaths resulting from motor vehicle crashes on Idaho roads.

3 Things to Consider When Making Gifts to Children

Published on: February 21, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

As an estate planning attorney I often meet with clients to discuss the creation of their personalized the state plans. During these conversations inevitably my clients bring up their children, and often the circumstances of each child. I have found that during these discussions my clients are often concerned about making gifts outrightly to their children depending on their children’s personalities end or circumstances. Based upon these experiences, here are 3 things to consider when making gifts to your children.

1. YOUR CHILD’S AGE

3 Things to Consider About Estate Planning and Divorce

Published on: February 20, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Life is uncertain. There is no area of law where this is more true than in estate planning. I often have clients come see me who, after completing their estate planning, end up getting a divorce. When this occurs several new issues arise that have to be dealt with concerning my client’s estate planning. Here are the 3 most common things to consider about Estate Planning and divorce.

1. MINOR CHILDREN

3 Reasons to Complete a Free Estate Planning Consultation

Published on: February 19, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Estate planning is as unique as the individuals who seek to have it completed. What I mean by this statement is that there is no single estate plan that will work for every individual. Rather, and estate plan should be as unique as the individual for whom it is created. This allows that individual to take into consideration their own personal circumstances, the circumstances of their loved ones, and the changes that may occur in the future that could impact their lives. For this reason, completing a consultation for your estate planning could be vital. Here are the 3 main reasons to complete a free estate planning consultation.

1. ITS FREE

Ninth Circuit Refuses to Grant Stay of TRO on President Trump’s Immigration Ban

Published on: February 18, 2017 | by Racine Olson

By Joseph G. Ballstaedt

At 4:35 p.m. on February 9, 2017, President Trump tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” This unsurprising tweet responded to the Ninth Circuit Court of Appeals and its decision not to stay a temporary restraining order (TRO) issued by a federal district court. The TRO halted President Trump’s executive order, which bans immigration from several predominantly Muslim countries. The issues in this legal battle, Washington v. Trump, will surely attract future headlines as they travel through the judicial system.

The Ninth Circuit’s decision was based on several important holdings:

Dealing with Creditors of Trust

Published on: February 18, 2017 | by Racine Olson

By Matthew P. Stucki

There are numerous reasons that an individual, known as a Grantor, may decide to use a living trust as the vehicle to transfer his or her property upon death. In most living trusts, the Grantor directs the Trustee to settle with the Grantor’s creditors before distributing the property in the living trust to the beneficiaries. In several states, dealing with creditors of a trust upon the death of a Grantor, is a streamlined process wherein the Trustee provides notice to the creditors through publication or by written statement. Once notice has been provide, the creditor has a limited amount of time to file a claim against the living trust or forever be barred from making a claim. Once barred, the Trustee is free to distribute the trust property to the beneficiaries without the fear of creditors making a claim. In the end, this process protects the Trustee.

Unfortunately, Idaho does not have similar statutes. In an effort to bring about certainty, some practitioners will file a probate when the Grantor of a living trust dies in hopes of taking advantage of the creditor notice statutes under probate law. Once notice is properly provided, creditors are barred from making a claim against the estate. Some would argue that this also bars creditors from coming after trust property as well. Other practitioners will seek an order from a Judge attempting to bar creditors from collecting against a trust after notice is properly given under the probate laws. Still others will advise that it is the best course of action for the Trustee to perform his or her due diligence and discovery all the creditors so that they can properly be dealt with one at a time.

Notice to Creditors Upon Death of Testator

Published on: February 17, 2017 | by Racine Olson

By Matthew P. Stucki

On of the main responsibilities of the personal representative of an estate is to deal with the decedent’s creditors. The first step to start identifying who the decedent’s creditors are would be to examine the decedent’s mail and personal documents. The next step would be to call the major utility companies, including gas, power, trash, and cable to see if the decedent has any open accounts. Lastly, an examination of the decedent’s bank accounts may give some indication of the names of different creditors. In today’s world, it is becoming increasingly difficult to determine creditors as a growing population is conducting their business on the computer. However, these three steps often lead the personal representative to the decedent’s creditors.

Once creditors are identified, there are two ways, according to Idaho Code, to give notice to creditors of the requirement to present their claims against the estate. The first method is by a series of publications in the newspaper that should take place immediately upon getting named as personal representative. After four months, all unknown creditors are forever barred from bringing a claim against the estate if notice is properly published. The second method is by giving actual written notice to known creditors. Upon written notice, the creditor has 60 days from the date of written notice or 4 months from publication in the newspaper, whatever is later, to file a claim.

Punitive Damages Awards in Idaho

Published on: February 16, 2017 | by Racine Olson

By Joseph G. Ballstaedt

Idaho law defines punitive damages as “damages .　.　. over and above what will compensate the [suing party] for actual personal injury and property damage.” They are extra damages that serve the public policies of punishing a wrongdoer and deterring future, similar behavior. For example, if a trespasser enters your property and cuts down a tree worth $100, you could seek compensation for property damages in the amount of $100. In addition to these compensatory damages, you could also obtain punitive damages by showing by clear and convincing evidence that the trespasser’s behavior was “oppressive, fraudulent, malicious or outrageous.”

A claim for punitive damages is not alleged like other claims; it cannot be included in the original complaint. A party can only seek punitive damages at trial if, after filing the original complaint, it receives permission from the judge, in advance of trial, to amend the complaint to include a claim seeking punitive damages. The judge only grants this request if she concludes that there is a reasonable likelihood of proving oppressive, fraudulent, malicious, or outrageous conduct at trial. When making this determination, the opposing party will surely remind the judge that Idaho law disfavors punitive damages and that they “should be awarded in only the most unusual and compelling circumstances.” In sum, there are procedural and policy obstacles to even getting a claim for punitive damages before a jury.