Idaho Law Blog

Adopting a Child in Idaho

Published on: February 16, 2017 | by Racine Olson

Adoption became a recognized legal practice in the United States back in 1851, when Massachusetts passed the Adoption of Children Act, which recognized adoption as a legal means to improve child welfare. Recent studies estimate that about 135,000 children are adopted in America every year, with about 900 of those adoptions occurring in Idaho. The process to adoption in Idaho is explained in Idaho’s own Adoption of Children Act. A major goal of this Act is to provide stable and permanent homes for adoptive children in a prompt manner.

Under the Idaho Adoption of Children Act, any adult can adopt a minor under the process explained in the Act, and an adult can adopt another adult where the adopting adult acted as the parent for a period of a year prior to the adoptee becoming an adult or for a period a court determines establishes “a substantial family relationship.”

New Immigration Bill Seeks to Reduce Legal Immigration By Half

Published on: February 16, 2017 | by Racine Olson

By Joseph G. Ballstaedt

Two Republican Senators from Arkansas and Georgia, Tom Cotton and David Perdue, have sponsored new legislation that would limit legal immigration. It is reported that this legislation—the Reforming American Immigration for Strong Employment Act or RAISE Act—would cut by more than half the number of refugees permitted to enter the United States and that it would end a federal green card lottery program. This lottery program is seen as a method of increasing diversity in the visa system by giving visas to countries with lower rates of immigration to the United States.

Senator Cotton has justified the proposed legislation, explaining: “The goal here is to get our immigration levels back to historical norms, to take something of a pause to allow the economy to catch up with the immigrants that we have allowed into our country over the last two generations, and to focus on the well-being of American citizens, those citizens who are here today, many of whom are struggling economically.”

If I Own Property in Several States How Does Probate Work?

Published on: February 16, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

As an attorney my job is to apply my expertise, knowledge and experience to help individuals in Idaho solve their Estate Planning and probate problems. Often, when I meet with individuals, they have a series of questions that are specific to their circumstances. I really enjoy when clients come in with specific questions because then I feel like I can help them solve their actual problems and concerns. One question I am often asked by my more affluent clients is that when they own property in different state how does probate work?

1. ORIGINAL PROBATE FILED WHERE PERSON RESIDED

The Rejection Letter: How to Let An Applicant Down Easy

Published on: February 16, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

As an employer you have faced this situation many times. You completed the job application. You narrowed down and interviewed your top choices. All of your hard work paid off and you found the right person for the job. You are excited to hire this person and have them begin working for your business. But wait a minute. You have 4 or 5 other applicants who are not going to get the job. 　Now you have to let them know they didn’t get the job. The truth about being an employer is that how you treat those individuals who are being rejected for a job matters. Every situation is an opportunity to build goodwill and a positive business image, including sending out rejection letters.

Sometimes rejection letters are known as a “no thanks letter.” When a rejection letter is viewed as an opportunity, it can end in a positive result for everyone. For instance, when an employer believes that the candidate would qualify for other roles in their company the employer could let the person know that they should apply for a different position. Alternatively, the employer could encourage the applicant to apply again in the future. When a rejection letter is positive, it can maintain a good relationship.

Can I Change My Estate Plan?

Published on: February 15, 2017 | by Racine Olson

By Lane Erickson, Attorney

My job as an attorney is to help individuals complete their Idaho estate planning so that they are prepared for the uncertainties of life. The very nature of life makes it so that plans sometimes change. One of the questions my clients often ask me is whether they can change their estate plan once it has been created for them. The short answer is that it can be changed at any time that they would like. I counsel my clients to look over their estate plan regularly to make sure that it’s still meets their needs especially if their circumstances have a changed. Below are some of the major reasons why in the state plan may need to be changed.

1. BIRTH OF A LOVED ONE

3 Things to Know About a Living Will

Published on: February 14, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

The variety of document that can be used to complete an estate plan are amazing. That usually do fall into several basic categories including Distributing property, taking care of property while you were alive, and making end-of-life decisions. The document that helps with making end-of-life decisions is known as a living will. Here are three important things to understand and know about living wills.

1. DIFFERENT NAMES SAME THING

WILL MEDICARE PAY FOR SKILLED NURSING?

Published on: February 13, 2017 | by Racine Olson

By Nathan R. Palmer

Deciphering between the benefits provided by Medicare and Medicaid can be difficult. It is important to know the difference between Medicare and Medicaid when you or a loved one is seeking coverage of a stay in a long-term care facility (i.e., Assisted Living or Skilled Nursing Facility).

Medicare is a federal health insurance program available to individuals 65 years of age and older as well as individuals with certain disabilities or medical conditions who are younger than 65 years of age. Medicare does not always cover all medical expenses incurred by covered individuals; rather, individuals are required to pay a deductible as well as certain expenses not covered by Medicare.

How Employers Use a Job Application to Obtain the Information They Need

Published on: February 13, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

We all seen them and have likely filled several of them out during our working careers. I’m talking about job applications. Employers use job applications as a tool when hiring as a way of ensuring that they are weeding out potential problems and hiring the employee who will make the greatest contributions to the business. In working with employer clients I often discuss with them the 3 most important questions about using job applications in the hiring process.

1. SHOULD OUR BUSINESS USE A JOB APPLICATION?

3 Main Purposes of Probate in Idaho

Published on: February 13, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Probate in Idaho is a relatively simple and straightforward process. We’re fortunate to live here in Idaho and to have Idaho’s estate planning and probate laws. In many states both estate planning and probate are complex, take a long time, and can be very costly. In some states an attorney is allowed to charge a percentage of the estate as the fee for completing a probate. Idaho probate and estate planning are much cheaper and are streamlined. Here is a short description of the three main purposes of probate in Idaho.

1. PROTECT THE ESTATE

Insurance Considerations When Transferring Property Into Trust

Published on: February 12, 2017 | by Racine Olson

By Matthew P. Stucki

There are numerous reasons why an individual would select a living trust as the vehicle to deal with the distribution of his or her property upon death. A living trust is set up to allow the owner of the property to transfer said property into the trust and out of the owner’s name. When making this transfer of property into a trust, there are important insurance considerations that need to be considered.

Individuals often purchase insurance, such as car insurance or home owner’s insurance, to protect their property against damage. However, when that property is transferred, the insurance provider is no longer responsible for coverage. This makes it important for all individuals who transfer property into a living trust to contact their insurance agent and add the living trust as an insured. Failure to list the living trust as an insured may give your insurance provider a reason to reject claims made by you.