For nearly two decades I have been practicing estate planning law by providing estate planning advice and creating estate planning documents for my clients. These documents often and usually include a Last Will and Testament. The purpose of this post is to describe several of the important functions that can be accomplished through a Last Will and Testament. Here is a list of some of the basic things that a Last Will and Testament can accomplish:
1. SPECIFIC GIFTS
While the Fair Labor Standards Act (FLSA) specifies minimum wage, overtime hours and child labor laws, it leaves to each of the individual states the responsibility of creating and enforcing the laws associated with basic wage and hour compliance. In other words, states are left with the responsibility of legislating and creating laws dealing with how and when an employee is paid and the procedures and processes of what an employee can do when they are not properly paid. Idaho has done this by enacting Title 44 of the Idaho Code which contains statutes dealing with various ware and hour issues such as: minimum wage, hours worked and child labor laws.
Idaho has also enacted Idaho Code §§ 45-601 et seq., concerning an employee’s claim for wages and the processes and procedures an employee can use to seek to obtain their wages from the employer.
Whenever I am working with my estate planning clients I have the opportunity to help them appreciate and understand everything that getting their estate planning done can accomplish. In particular, I am able to point out to them that getting their estate planning done is not just about their death but is also about their life. What I mean by this is that estate planning for an individual can help them plan for their own future and life. here is a list of documents that are used in estate planning to care for a person while they are alive.
DURABLE POWERS OF ATTORNEY
It is unfortunate but true that landlords often aren’t familiar with their responsibilities when it comes to renting to families with children. Many times, landlords don’t even know that families with children enjoy a protected status under federal housing discrimination laws. In addition to the protections against standard discrimination the federal Fair Housing Act (FHA) also protects the familial relationship. In other words, the FHA protects persons from being discriminated against because they are members in a family.
Unless a building or community qualifies as housing for older persons (is occupied by persons aged 62 or older or has received such designation from the HUD Secretary) a landlord may not discriminate against a potential tenant based on familial status. Essentially, a landlord may not deny housing to a family in which is comprised in part of one or more children who are under 18 and who live with:
Studies conducted by the National Health Institute and other agencies show that accidents, particularly fatal accidents, increase during the time shifts for Daylight Savings Time (DST). On Sunday, November 6th, Idahoans will turn their clocks back one hour giving us all an extra hour of sleep. That is a good thing right? However, data from decades of automobile crashes show that the number of accidents increase on the Sunday of the fall shift from DST. Researchers believe the anticipation of the extra daylight hour on this autumn Sunday leads to increased accidents since drivers become drowsy while staying out later than usual in the evening.
Drowsy Driving Prevention Week is November 6 – 13, 2016 which is an annual campaign sponsored by the National Sleep Foundation. Its goal is to educate the public regarding the risks of driving while sleep deprived. Surveys reveal that half of American adult drivers admit to driving while drowsy and 1 in 5 admit to falling asleep behind the wheel. Drowsiness and driving is a dangerous combination. Drowsiness doubles a motorist’s crash risk. Get a good night’s sleep, schedule regular stops, and pull over to take a short nap if you feel fatigued, not only for long trips, but also for shorter trips of an hour.
The end of DST also creates a more dangerous evening commute during the work week with darkness arriving sooner since the early dusk hours make it more difficult for motorists to see other vehicles and pedestrians and bicyclists in the roadway. Give yourself extra time to commute in the evening and slow down as dusk occurs to allow your eyesight to adjust to the changes.
Unless you have been living under a rock, it is common knowledge that the famed singer and songwriter who called himself Prince, died in April of 2016, at the age of 57. It is also well known that he died without a written Last Will and Testament. What you may not know but could probably guess is that his family, which mainly includes his siblings and half siblings, are now fighting over who will get his $300 million estate. He had two ex-wives, no (known) surviving children, and his parents had died years before. He does have one full sister, and he has five half-siblings through each of his parents.
Under Minnesota law, which is where Prince resided when he died, his estate would be divided between his full sister, and his five surviving half-siblings. This is because of the applicable intestate laws and the fact that Prince’s parents are deceased, he wasn’t married, and he has no known children.
A 63 year-old woman from Clayton, Idaho was killed on November 1, 2016 when her 1999 Subaru crossed the centerline of Highway 75 and struck a 2010 Kenworth pulling trailers hauling 10,000 gallons of diesel fuel. The Kenworth rolled, rupturing the fuel tanks. The trailers were fully engulfed. The North Custer Fire Department was able to contain the diesel spill; however, the fire burned for nearly five hours and the highway was closed until it was safe for travel.
The woman was not wearing a seat belt and died at the crash scene. The truck driver who was wearing a seat belt was able to exit the Kenworth without any injuries. The crash is still under investigation by the Idaho State Police. It is yet to be determined what caused the female driver to cross the centerline.
Studies conducted by traffic officials and behavioral experts indicate that performing a secondary task while driving is one of the riskiest actions. Diverting one’s attention away from safe driving to engage in competing tasks greatly increases the likelihood of a crash. Drivers report that they frequently use an electronic device, adjust the radio, talk to passengers, or eat while driving; cell phone use even among experienced drivers delays reaction time to potential hazards on the road.
As an estate planning attorney I find that people most often fail to get their estate planning done because they don’t know where to begin. I feel that my job as an estate planning attorney is to help people get on the right path to completing their estate planning. Often all it takes is providing a basic estate planning checklist to my clients to help them get started. Here are some of the basic things that I discuss with my estate planning clients:
1. BANK ACCOUNTS, LIFE INSURANCE AND RETIREMENT ACCOUNTS
Generally, owners and occupiers of land or residential premises in Idaho will be under a duty of ordinary care under the circumstances towards invitees who come upon their leased premises. Essentially this means that the tenant is required to keep a place safe for all who come upon the property. However, this doesn’t eliminate the requirements of the landlord or owner of the property to also keep the place safe. Some additional areas of risk and risk management that come up within the landlord tenant relations include the following, as illustrated by the applicable case or statutes:
UTILITY CHARGES OR RENT INCREASES
Most employees and employers have heard of the Family and Medical Leave Act (FMLA) but most people don’t understand what it is or how it works. In summary, the FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. What this means is that if an employee qualifies under the FMLA, they can be absent from their job with an assurance that their job will still be there for them when they return. Essentially, it is a limitation on the almost ever present “at will” law which says that an employer can terminate an employee’s employment at any time for any reason, so long as it is not for an illegal reason.
The FMLA was created to protect and help employees balance their health, work and family responsibilities. he FMLA allows employees to take unpaid leave for certain family and medical reasons.
Idaho Law Blog
