Family members and loved ones of Idaho residents who die owning less than $100,000 in assets may not need to probate their loved ones estate. No advanced planning is required. The deceased individual’s assets may be obtained by presenting an affidavit to institutions holding the assets. The affidavit must state the following:
By Lane V. Erickson, Attorney
COMPENSABLE TIME
Under the federal Fair Labor Standards Act (FLSA), an employer must pay an employee for all hours that are legitimately worked. However, sometimes there is a dispute about whether certain activities are work and therefore whether the time spent doing these activities is compensable time. This is an area where the FLSA leaves the determination to the states. In Idaho, based upon its wage and hour statutes, hours worked, and thus compensable time, does not include the following:
By Lane V. Erickson, Attorney
There are really only two types of evictions that exist in Idaho. The first type of eviction is called a “for cause” eviction and the second is called “without cause.” An eviction “for cause” simply means a landlord is evicting a tenant because the tenant has breached some term of the rental agreement. Any breach of the rental agreement can result in a “for cause” eviction. The most common breach of the rental agreement by a tenant is the failure to pay rent.
The law concerning an eviction “without cause” is narrower with only three real circumstances being involved. The first deals with the terms of the rental agreement itself. A rental agreement is a contract and the parties to the contract are free to negotiate the terms of the contract so long as those terms don’t contravene existing law. There is no prohibition against the parties to a rental agreement providing a “without cause” term in the rental agreement. In other words, the parties to a rental agreement are free to agree that either party can at any time, with proper notice, terminate the rental agreement without cause. This is a common term in many rental agreements that are associated with the right to renew. This is an especially common term in many commercial rental arrangements. However, a without cause term does not have to be related to a renewal of the rental agreement. For instance, if the parties agree that the rental agreement can be terminated by either or both of the parties without cause with a 20-day written notice, that term would be enforceable.
For those with teen-aged drivers in your household or extended family, National Teen Driver Safety Week is approaching on October 16 – 22, 2016. Communities, law enforcement agencies, teens, parents, school administrators, and employers can all share information to promote actions that will keep teens safe while driving. In the U.S., vehicle crashes are the leading cause of death for 15 to 19 year-olds.
The most common danger for teens is distracted driving due to cell phone usage. Distractions increase the risk of crashes and death. Many states have implemented distracted driving laws; however, 1/3 of teens admit to texting or emailing while driving. 19% of the distracted drivers under the age of 20 who were involved in fatal crashes were using their cell phones.
Parents and teens can sit down together, discuss safe driving habits, and then establish solid rules and limitations before your teen is allowed to adventure out on his/her own. The Centers for Disease Control and Prevention (CDC) created a “Parent-Teen Driving Agreement” that puts such rules into writing. This agreement can be downloaded at: www.cdc.gov/parentsarethekey Go over the agreement with your teen driver, discuss consequences with them and above all, set a good example while behind the wheel.
By Lane V. Erickson, Attorney
Life insurance can be an important part of your estate planning. This is particularly true if you are the main provider for your family. Life insurance can provide a great level of protection when you have minor dependents such as small children and/or a stay-at-home spouse. And using life insurance as a component in your estate planning there are two specific things that you need to be aware of.
1. LIFE INSURANCE IS NOT A PART OF YOUR ESTATE
Parties beginning the divorce process often wonder how their property will be divided. The general rule for dividing property in divorce in Idaho is that each party will be awarded their separate property while all community property will be divided substantially equally. The crux of many divorces is how to determine community property from separate property. This blog will provide a general description of community property using language from a recent Idaho Supreme Court case, Kawamura v. Kawamura, 159 Idaho 1 (2015).
Whether a specific piece of property is characterized as community or separate property depends on when it was acquired and the source of the funds used to purchase the property. Here’s what the Idaho Supreme Court had to say:
The Magic Valley News reports that a 63 year-old male from Jerome has died as a result of a three-car crash on I-84 east of Twin Falls on Thursday evening, October 6, 2016 at approximately 8:15 p.m.
The Idaho State Police states that the decedent, Randy Hansen, was driving a 1994 Ford Ranger pickup that was struck from behind by a 2013 Toyota 4Runner. Hansen’s pick up drove through the median into the eastbound lanes of I-84 and then struck a 2007 Toyota Sienna. Hansen was transported by ambulance to St. Luke’s Magic Valley Medical Center, as were other injured parties in the crash. Hansen died from his injuries at the hospital. Police are continuing to investigate the accident.
The NHTSA estimates that seat belts reduce the risk of fatal injury by 45% to 60% depending on the type of vehicle and where the occupant is seated in the vehicle. Within the last 5 years, 688 unrestrained Idahoans were killed in traffic collisions as reported by ITD.
By Lane V. Erickson, Attorney
Let’s suppose for a minute that you have taken the advice that we’ve given in this blog several times and you’ve actually completed your estate planning by having a Last Will and Testament prepared. A few years go by and you pull your Last Will and Testament out to review it and realize that you’d like to make some changes. A thought then goes through your mind. Rather than taking the Last Will and Testament back to the attorney you wonder if you can make handwritten changes to you Last Will and Testament yourself and save some money.
In Idaho a person can make handwritten changes to their own will so long as those changes are in their own handwriting and are dated and signed. However, there are several problems that can arise if you choose to do this.
By Lane V. Erickson, Attorney
The first step in the judicial process of an eviction is to serve the required written notices as prescribed by the applicable law. Idaho’s landlord and tenant laws contain several notice requirements for various situations. The law is designed to allow the defaulting party to be made aware of a problem and provides an opportunity to the defaulting party to fix the problem before the non-defaulting party has a right to seek assistance from a court. Tenants are given this right to notice in several instances and the failure of the landlord to provide adequate notice is frequently raised by tenants.
Perhaps the most important notice tenants have a right to receive is the eviction notice. Whether it is a 3-day notice for a typical rental or a 20-day notice for mobile home park space rental, the landlord’s actions in providing proper notice is critical to his right to proceed with an eviction.
By Lane V. Erickson, Attorney
A job offer letter is an opportunity to start the employment relationship off on a positive note. In this letter, the employer has an opportunity to describe the job and its responsibilities. As with any type of letter, a job offer letter should be direct and positive. It is an opportunity to the candidate know that they were chosen specifically and that the employer recognizes the skills and experience the new employee can bring to your company. Doing this encourages new employees to feel confident, not only of a decision to accept your job offer, but in their ability to perform the job itself.
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