I meet with clients almost every day to discuss their estate planning. When I do this I discuss the differences between estate planning and intestacy. Most of my clients are surprised to hear a default estate plan exists for everyone. It is only when a person actually creates a written estate plan that they eliminate the default estate plan of intestacy. Here are the main differences between Estate Planning and the laws of Intestacy.
APPOINTMENTS
Nearly everyone with a hand in employment law is familiar that a change to the Fair Labor Standards Act will take place the end of this year which will have an impact on who qualifies to earn overtime pay. This change is known as the “Final Rule”. The Final Rule focuses primarily on updating the salary and compensation levels needed for workers to be exempt from overtime pay.
SUMMARY OF CHANGES
The relationship between landlord and tenant is unique in the legal field and, as a result, is somewhat complicated. Both parties have certain statutory obligations to each other, defined by state law, and the written lease agreement which aims to reduce the complexity and confusion in residential landlord-tenant arrangements. Among these is the landlord’s obligation to protect his tenant from certain situations and/or to at least reduce the potential problems that may arise as the tenant continues to occupy the rental unit.
To provide a safe rental unit that satisfies all of the implied warranties of habitability, landlords should provide every tenant with basic security features to protect tenants and their personal property. This includes, at the very least, a front door with a functional lock, key locks for any other outgoing doors on the unit, security for all windows and appropriate lighting fixtures inside and outside of the unit. Landlords are also required to equip each unit with a working smoke detector (at a minimum, one for each floor in the unit).
It is no secret that divorce is often one of the most complex and emotional experiences of a person’s life. In fact, divorce has often been referred to as a two step process. The first step is the actual legal steps to get the divorce while the second is the emotional separation from your spouse.
Nobody ever wants to see their relationship, that was once thought to last forever, coming to an end. Yet, all too often marriages break down, for whatever reason and it is no longer possible to maintain a positive, healthy relationship. When a divorce is imminent, there are several things a person can do to minimize their stress, prepare to meet with their attorney, and make the process easier.
One of the biggest causes of injuries to both adults and children in Idaho continues to be car accidents. Back and neck injuries are common following an accident, including rear-end collisions which are the largest type of crash in the city. The design of cars and the motion that occurs, coupled with the unexpectedness of the impact, means that little support is provided to the neck and back of the vehicle’s occupants, making it more likely that those parts of the spine will be harmed during an accident.
Back and neck injuries are complicated and can range from the minor to the serious so it is always a good idea to seek help from a qualified expert or neurologist. Towards the minor end of the spectrum, victims may sustain musculoligamentous injuries including sprains and strain. These injuries can be uncomfortable, limiting, and frustrating to victims but will generally heal without problems. Generally such injuries will heal within 6 weeks or so. Much more seriously, a victim may sustain a fracture to one or more of the vertebrae that comprise a spinal column. This can be dangerous if it becomes displaced and causes harm to other areas including the spinal cord.
In the many years that I’ve worked as an estate planning attorney, I have met a variety of people. I find that most people are generally interested in getting their estate planning done, but don’t know how to get started. I’ve also found that completing your estate planning is one of those items that seems important but is always pushed lower on the To Do List by more pressing matters. Here are the 4 biggest estate planning mistakes that I have found are made by everyday people.
1. THINKING THAT YOU HAVE TIME TO GET IT DONE LATER
By Fred Lewis
There are occasions when a third party hurts or injures someone while they are working. The injured Idaho worker can bring a claim against these negligent third parties. Under Idaho Code §72-223 the Idaho Worker’s Compensation Insurance Company has a subrogated claim or right to reimbursement from any money that injured worker obtains from the third party. However, there are limits on when they Idaho Worker’s Compensation Insurance Company can ask to be reimbursed for Worker’s Compensation Benefits they have paid. Specifically, the Idaho Supreme held in Adams vs Liberty a 1966 case, if the employer is also partly at fault in causing the accident that injured their own employee they loose their Worker Compensation Insurance Company or Surety looses they subrogated claim.
If a dispute arises between the Idaho Worker’s Compensation claimant and his/her employer Idaho Worker’s Compensation Insurance Company, the Idaho Supreme Court has held
For parents with minor children, setting up a basic Estate Plan is the single most important thing you can do. Completing an estate plan allows parents to make sure their child or children will be cared and provided for. Here are the 2 most important things to consider in completing your estate planning if you have minor children.
1. WHO WILL CARE FOR MY CHILD
When a person believes their fair housing rights have been violated they can contact the Department of Housing and Urban Development (HUD) who is the administrative agency responsible for investigating and enforcing the FHA. Such a tenant can contact the HUD by letter, fax, e-mail, or phone or by filing a Complaint on the form provided by HUD on its web site. A Complaint must be filed within one year after an alleged violation of the FHA to be valid.
When a Complaint is timely filed, HUD personnel interview the tenant, the landlord and any other persons who have relevant information, as well as generally investigate the allegations and determine whether a violation of the FHA has occurred. Additionally, when a Complaint is filed the landlord has an opportunity to provide a written Answer as well as any other persons or information that is relevant to the investigation.
By Lane V. Erickson, Attorney
The internet has become an integral part of our everyday lives. In fact, it’s hard to imagine a time before emails, YouTube, Facebook, tweeting, Instagram, Amazon and so on. However, not everything having to do with the internet is great. Additionally, not all the information that you get on the internet is reliable or accurate. Along the lines of estate planning, I am often asked by my clients whether they can simply get a do-it-yourself kit from the internet to help them complete their estate planning. Here are the main reasons why this is not a good idea.
ONLINE ESTATE PLANNING KITS ARE GENERIC
Idaho Law Blog
