Idaho Law Blog

Using a Specific Gift List as Part of Your Estate Planning

Published on: January 3, 2017 | by Racine Olson

Oftentimes the simpler you can keep your estate planning the better it will be. If your Last Will and Testament is complex, then anytime a major circumstance in your life changes, you may need to rewrite your Last Will and Testament. Our goal in completing estate planning for our clients is to keep things as simple as possible and yet allow flexibility with regards to the giving away of specific gifts. To do this we incorporate a specific gift list into every Last Will and Testament that we draft. Idaho law allows us to do this if we find it to be a good practice.

WHAT IS A SPECIFIC GIFT LIST?

Bicycling Injuries

Published on: January 3, 2017 | by Racine Olson

By Patrick N. George

As could be expected, with the rise in bicycling, there has been a corresponding increase in injuries. A recent study showed that this increase even in the number of adult bicycling injuries between 1998 and 2013. Pocatello, Idaho has seen its own tragedies when it comes to bike riding when a well known and beloved physician in the area was seriously injured. One study involved data gathered from the National Electronic Injury Surveillance System and combined with U.S. Census information. The study showed that the increase is, in part, the result of increasing injuries in cyclists that are older than 45 years of age. This comes as no surprise given that cycling in that age group is becoming more and more popular.

The increase in injuries to older riders is substantial. When one compares 1998 and 1999 to 2012 and 2013, an increase in cyclist injuries was 28%. When looking at age groups, those injured in an accident who were over 45 increased from just 23% to 42% of the total injured riders. Worse, the hospitalizations involving this older group of riders increased from 39 % to 65%. One analyst has surmised that the speed of these bicycles is in large part responsible for the more severe injuries and the higher number of hospitalizations.

When is Your Employee’s Conduct an Employment Issue

Published on: January 2, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Scene from the TV series The Office:

Michael Scott:“Yeah, Ryan snapped at me. But there was this twinkle in his eye, that I picked up on, which said, ‘Dude, we’re friends. I’m doing this for appearances. I am the big boss now. And I have to seem like an ogre. But you know me, and you trust me and we like each other. And we’ll always be friends. And I would never take you for granted in a million years. And I miss you, man, and I love you.’. . . His words.”

You Cannot Prove a Total Permanent Disability if Your Vocational Expert Does Not Support You

Published on: January 2, 2017 | by Racine Olson

By Fred J. Lewis

In Beascoechea v. Liberty Northwest Insurance Corporation decided November 17, 2016 the Claimant was found to be 45% disabled inclusive of his 6% permanent partial impairment rating. At the time of the hearing the Claimant was 68 years old and had told everyone he was retired. The Claimant had Dr. Mary Barros-Bailey PhD. testify on his behalf. Dr. Barros-Bailey opined that the Claimant was 60% permanent partially disabled if the Claimant did not return to work for the pre-injury employer and astonishing enough, testified that if the Claimant did return to work that there would be no loss of labor market access, and wage loss, therefore no disability. Dr. Barros-Bailey was the only expert that testified in the case. It is astonishing that the Claimant was awarded any disability at all in this case given the following:

The employer had offered a job to the Claimant and was willing to accommodate his restrictions.

Can I Spend My Kid’s Inheritance?

Published on: January 1, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Let’s assume you have been vigilant in completing your estate planning. You have your Last Will and Testament in place and it includes specific gifts that you are leaving for specific people. You have a boat that your Last Will and Testament leaves to your oldest son. You have an heirloom china set that’s been in the family for several generations that Last Will and Testament gives to your daughter. You have nearly a half a million dollars stored away in savings and retirement accounts that will also go to your children once you pass away.

But, what if you change your mind. What if you decide that you want to travel the world. What if you suddenly find yourself in need of the money You have work so hard to store away. Can you go ahead and use the money, or sell the boat or give the china to someone else even though these things are specifically described in your Last Will and Testament as going to someone else? The short answer is yes. These items belong to you and you can do whatever you want with them, even if you have specifically listed them in your Last Will and Testament.

Accidents and Icy Roads

Published on: January 1, 2017 | by Racine Olson

By Patrick N. George

Once again temperatures have dropped below the freezing point this here in Idaho. This means that drivers and pedestrians must again be aware of the possibility of black ice on roads, bridges, and melting snow along the sides of roads.

Drivers are often not cautious enough about slick roads and can quickly lose control of their automobiles. The reality is, even experienced drivers and automobiles with good tires can be at risk of having an accident if they encounter black ice or other slick conditions on roadways. Oftentimes people drive carefully when snow is falling, but do not exercise the same caution when a road could be icy.

Can an Estate Planning Attorney Be a Witness to Prove Capacity?

Published on: December 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

In Idaho, “[a]ny emancipated minor or any person eighteen (18) or more years of age who is of sound mind may make a will.” Idaho Code 15-2-501. When determining whether a person is of sound mind, Idaho Courts have stated:

Accordingly, a testator must have sufficient strength and clearness of mind and memory, to know, in general, without prompting, the nature and extent of the property of which he is about to dispose, and nature of the act which he is about to perform, and the names and identity of persons who are to be the objects of his bounty, and his relation towards them. 　Wooden v. Martin (In re Conway), 152 Idaho 933, 943-944, 277 P.3d 380, 390-391 (2012).

Your Treating Physician Has to Testify In Support Of Your Idaho Worker’s Compensation Claim

Published on: December 30, 2016 | by Racine Olson

By: Fred J. Lewis

In Linda Doores v. State Insurance Fund, Decided on November 18, 2016, the Idaho Industrial Commission ruled against the Claimant. The Claimant contended that she had injured her hip as a result of an accident that allegedly occurred on July 18, 2012. As she approached an intersection that day, the driver in the car in front of her braked suddenly. The Claimant was unable to stop and crashed her vehicle into the car in front of her at approximately 15 miles per hour. She was wearing a seat belt and the air bag did not deploy in the vehicle she was driving. On September 23, 2012 the Claimant had an MRI scan of her back and it revealed a central disc bulge at the L4-5. On January 24, 2013, Dr. Moreland administered an epidural injection into the Claimant’s low back. The Claimant testified that following the injection her legs went numb, as if they had fallen asleep. This numbness lasted for almost an hour. However, Dr. Moreland’s chart notes did not reveal that the Claimant told him anything about her problems with her left hip. Claimant later had a fusion of her low back by Dr. Doerr. He examined the Claimant again on May 14, 2015 and opined:

“I do not find any medical evidence to support that the patient sustained a left hip injury as a result of her 07/18/12 industrial related motor accident. Based off a detailed history taken from the patient, as well as a detailed review of medical records performed at the time my independent medical examination on 02/28/13, there is no documentation to support the occurrence of a left hip injury as a direct result of the patient’s 07/18/12 industrial related motor vehicle accident.”

Personal Injury – Road Rage

Published on: December 30, 2016 | by Racine Olson

By Patrick N. George

Deadly road rage accidents can happen at any time. Responsible residents everywhere wonder what they can do to curb road rage. To make our roads safer and reduce road rage, there are a couple of situations we need to recognize: first, we need to be mindful of our own aggressive driving behaviors and second, we need to recognize aggressive driving by those around us.

Recognizing the aggressive driver in You

A Policy Handbook as an Employment Contract

Published on: December 28, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Regardless of whether there is a written employment contract, an oral employment contract or no employment contract at all, when an Employment Handbook or Policy Handbook exists, it may provide additional contractual rights either for the employer or the employee. The result is that an Employment Handbook or Policy Handbook could control an employer’s ability to either discipline or terminate an employee for misconduct. For this reason, it is important to review all of the statements made in the Employment Handbook or Policy Handbook regarding discipline and termination.

The very best Employment Handbooks or Policy Handbooks contain statements that allow discretion to the employer for both disciplining and terminating employees with language such as, “should the employee engage in this or similar behavior, the employee may be subject to discipline up to and including termination.” Some even go so far as to state specifically that certain types of described misconduct by an employee may lead to discipline and/or termination.