Idaho Law Blog

3 Ways Your Estate Planning Can Help Your Special Needs Child

Published on: January 15, 2017 | by Racine Olson

Estate planning is a great process that can be used by a parent to create a customized plan in providing for their special needs child. A person with special needs is an individual who has either a mental or physical handicap or disability that limits their ability to function normally in life. Typically, a person with special needs usually requires a great deal of assistance to be able to handle the basic functions of life. The purpose of this blog is to provide three ways that you can use your estate planning to help your special needs child.

CREATE A SPECIAL NEEDS TRUST

PEDESTRIAN ACCIDENTS

Published on: January 14, 2017 | by Racine Olson

Traffic safety affects people on the roadways, the shoulders of the road, sidewalks, and crosswalks. It does not simply concern those who are driving. Bicyclists and pedestrians are using roadways in ever increasing numbers. Accidents affect all of those who occupy the roadway including drivers, passengers, pedestrians, runners, joggers, and cyclists. As traffic increases more and more interactions are had between cars, buses, trucks, and cyclists and pedestrians.

The Centers for Disease Control and Prevention indicate that more than 150,000 pedestrians were treated in emergency rooms in 2013 for nonfatal injuries in automobile-pedestrian crashes and approximately 4,735 pedestrians were killed in these same types of accidents. Think of what that means on a daily basis with regard to these types of devastating accidents. 410 pedestrians were hurt every day in 2013 one died about every two hours.

When you consider these accidents, it is obvious that someone was at fault in nearly every one of them. If the driver was at fault, an innocent pedestrian likely suffered catastrophic injuries due to the driver’s carelessness. These accidents can be prevented and avoided if all those involved the take the time to make safety a priority.

3 Ways to Create Incentives for Your Children in Your Estate Planning

Published on: January 13, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Just recently I was reminded by a client about the need for creating incentives through estate planning for children who will survive their parents. My client came to me with some very sad stories concerning their children. Apparently the children had been noted on during their lifetimes by well-meaning parents and had not developed any Ambitions on their own, simply because they were able to rely on their parents for financial help. This client specifically asked about ways that estate planning could be used to help incentivize the children for their lives. Real estate planning provides a number of options and providing gifts to children, I have found that there are really 3 ways to create incentives for your children through your estate planning.

OPPORTUNITY FUNDING

Injured Workers in Idaho were Given a Late Christmas Gift by the Idaho Supreme Court: Part II

Published on: January 13, 2017 | by Racine Olson

By Fred Lewis

At the oral argument, I argued on Mr. Maravilla’s behalf that Simplot’s subrogated claim was separate and apart from Mr. Maravilla’s negligence claim against IIC. The Idaho Supreme Court held there were only two claims that had been asserted in Mr Maravilla’s case. First was Mr Maravilla’s own original negligence claim against IIC and second, Simplot’s present claim of subrogation against Mr. Maravilla. The Idaho Supreme Court went on to state that a critical component in deciding when claims are the same for purposes of res judicata is that the subsequent and present claims must be one that arises out of the same cause of action and should have been litigated in the first suit. Clearly, Maravilla’s cause of action in his negligence claim against IIC was based upon the October 16, 2011 industrial accident. On the other hand, Simplot’s subrogation claim is based upon Idaho Code Section §72-223 (3) and is derived from Mr Maravilla’s recovery from IIC. The Idaho Supreme Court pointed out that Mr. Maravilla’s recovery, rather than his injury, acted as the cause of action for Simplot’s subrogated claim. Simplot’s subrogated claim did not ripen until after Mr. Maravilla recovered from IIC. Therefore, Simplot’s subrogation claim and Mr. Maravilla’s negligence claims do not share a cause of action. Simplot could not bring its subrogation claim against Mr. Maravilla until Mr. Maravilla had recovered from IIC. 　The Idaho Supreme Court then held that for purposes of claim preclusion, Simplot’s subrogation claim was not the same claim as Mr. Maravilla’s negligence claim against IIC.

What is the Legal Time Limit to Probate a Will?

Published on: January 11, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

As an estate planning attorney I find that my clients are often very quick to come see me after their loved one has passed away. In some instances people come to see me within a day or two So that they can get an idea of the steps that they need to take in order to preserve the decedent’s property and make sure that it is delivered to the right person. However, this is not always the case.

During my career I have often had family members come to me several years after the decedent has passed away to help them transfer property. This usually occurs when the family wants to sell a home or other real estate that still has the decedent’s name on it. The family discovers that they are unable to sell the property because they do not have the correct title to the property.

Distracted Drivers

Published on: January 11, 2017 | by Racine Olson

By Patrick N. George

Most everyone knows the dangers of drunk drivers or even distracted drivers. However, people generally ignore an equally pervasive problem of drowsy or sleepy drivers. A short internet search reveals studies showing that motorists who drive with less than 5 hours of sleep are approximately twice as likely to be in an automobile accident as compared to those who get 7 or more hours of sleep. Drivers should be aware that if they get less sleep they are more likely have an accident.

It is startling that drivers that have gotten less than 4 hours of sleep a night, have 4 times the number of car accidents. AAA suggests that anyone who has slept less than 7 hours over a 24 hour period should not drive a vehicle.

Wrongful Termination in Violation of Public Policy

Published on: January 10, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

The termination of an employee will be controlled by either an existing employment contract or Idaho’s “at will” doctrine. However, regardless of which of these applies to the employment relationship, it is illegal for an employer to terminate an employee in violation of public policy.

According to the Idaho Supreme Court, the right to discharge an at-will employee may be limited by considerations of public policy, such as when the motivation for the firing contravenes public policy. Jackson v. Minidoka Irrigation Dist., 98 Idaho 330 333, 563 P.2d 54, 57 (1977). Public policy of the state of Idaho is found in its constitution and statutes. Boise-Payette Lumber Co. v. Challis Independent School Dist. No. 1 of Custer County, 46 Idaho 403, 268 P. 26 (1928). The public policy expressed therein may serve as a basis for finding an exception to the employment at-will doctrine. See generally, 82 Am.Jur.2d Wrongful Discharge § 19, at 692 (1992). The determination of what constitutes public policy sufficient to protect an at-will employee from termination is a question of law. Quiring v. Quiring, 130 Idaho 560, 566, 944 P.2d 695, 701 (1997).

Injured Workers in Idaho were Given a Late Christmas Gift by the Idaho Supreme Court: Part I

Published on: January 10, 2017 | by Racine Olson

By Fred J. Lewis

On December 30, 2016, the Idaho Supreme Court gave injured workers a late Christmas gift in the form of a decision holding that employers that are negligent waive their right to reimbursement on their subrogated claim to the proceeds of a third-party settlement or verdict. In Maravilla v. Simplot, Mr. Maravilla was injured on October 16, 2011 while working at the Don Plant in Pocatello, Idaho. He tripped on a hose that was placed across a walkway and stepped into a nearby sulfuric acid pool. Idaho Industrial Contractors, Inc. (IIC) the contractor performing the repairs on the area where Maravilla was injured, had not built a barrier and so Mr Maravilla’s right foot, upon tripping, went through the plastic placed over the top of the pad by IIC and plunged into the pool of sulfuric acid, causing chemical burns to his right foot and leg.

On February 6, 2013, Mr. Maravilla filed a third-party lawsuit against IIC. This case settled for $75,000. The case was then dismissed with prejudice on January 22, 2015.

Holding the Will of a Person Who Has Died

Published on: January 9, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

In an ideal world a person who has completed their Last Will and Testament will keep the original deposited with their attorney. This makes it so easy for a family once that person passes away to get the original Last Will and Testament and to begin the probate process.

However, we don’t live in the ideal world. We live in the real world and this world, sometimes an original Last Will and Testament is put in a drawer or a filing cabinet, or in a safety deposit box in a bank. 　Sometimes a Last Will and Testament is given to a friend or another family member to hold and keep safe. So the question is, what is the obligation of a person who is holding an original Last Will and Testament for a person who has died?

Semi Accident Backs Up Traffic on I-84 near Nampa

Published on: January 9, 2017 | by Racine Olson

Idaho State Police and the Nampa Police Department report a crash involving a semi truck occurred on Wednesday, December 28, 2016 at approximately 9:40 a.m. near the Garrity exit just east of milepost 38. The eastbound lanes of I-84 were completely blocked for a brief time and motorists were advised to avoid the area. The driver of the semi had to be extricated from the truck by firefighters and was taken to the hospital after the crash occurred.

The ISP investigation revealed that a pickup truck struck the semi causing it to tip onto its side. Debris on the road from the crash was hit by another vehicle. The driver of the pickup said she was coming down the on-ramp when she hit a patch of black ice, lost control of her pickup and crashed into the semi. The pickup driver was cited for traveling too fast for road conditions. No other injuries are reported at this time.

Motorists have been cautioned regarding winter road conditions. ITD resources have been stretched the past couple of weeks due to several storms that deposited large amounts of snow and ice on the roadways. The high volume of traffic on I-84 places it as a top priority for liquid anti-icers and snow removal. Even with the road treatment, black ice can form quickly and unexpectedly.