Idaho Law Blog

Estate Planning and Real Estate

Published on: October 15, 2016 | by Racine Olson

The world has become a much smaller place. It’s now very common for an individual to own real estate not only where they live but also in other states. If you own land, regardless of what state it is in, there are several things that you should know when it comes to estate planning.

The first thing you should know is that owning real estate in different states is not a real problem when it comes to estate planning. The probate of your estate will take place in the state you reside in when you die. The court proceedings and appointments of a personal representative will all take place there. More than likely your family will have an attorney help them through the probate process. However, your family will also have to hire an attorney in each state where you own real estate to help in the transfer of that property as well.

4 Steps To Take When Considering A Termination

Published on: October 14, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

In a perfect world an employer would never have to terminate any employee. All employees would work hard, be profitable and be worth keeping as an employee. However, the reality is quite different. There are often employees that are poor workers, or whose personalities are caustic in the workplace. Additionally, even if all the employees are good, sometimes the business is not doing well and can’t afford to keep the employees hired. Whatever the reason, there are often times when an employer must terminate an employee. Here are 4 steps to take anytime you are considering terminating an employee.

1. MAKE SURE THE REASON FOR TERMINATION IS LAWFUL.

Your Estate Planning Should Not be a Treasure Hunt for Your Family

Published on: October 14, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Several times a week our firm will get phone calls asking whether we have the will for a certain individual who recently passed away. Talking with other estate planning attorneys, this is not unique. It seems all too common that even after going to the effort to create an estate plan, many individuals make it hard for their families to find their estate planning documents because they simply aren’t organized. 　Here are some tips that can help your family in the event you pass away.

1. ORGANIZE YOUR DOCUMENTS

In Idaho, what is the statute of limitations for personal injuries to minors?

Published on: October 14, 2016 | by Racine Olson

By Joseph Ballstaedt

Every potential lawsuit has a “statute of limitations”—a time period in which the lawsuit can be filed in a court. If it is not filed within this time, the lawsuit expires and is forever barred. For example, in Idaho, if you are injured in a car accident, you have two years to file a lawsuit against any party who injured you. If you fail to do so, you must bear the burden and expense of your injuries alone. Any party who caused or contributed to your injuries is off the hook. The law doesn’t care whether you knew about the statute of limitations; your claim still expires.

Statutes of limitations may seem unfair, but there are many compelling policy reasons behind them, such as encouraging people to promptly enforce their rights, minimize deterioration of evidence, reduce the volume of lawsuits in courts, and to promote peace of mind (after some point, a person who is worried about being sued should know he is in the clear).

Accident, Occupational Disease, or No Claim?

Published on: October 13, 2016 | by Racine Olson

By Fred J. Lewis

Idaho Code Section 72-102(18)(b) defines an industrial accident as follows: “Accident” means an unexpected, undesigned, and unlooked for mishap, or untoward event, connected with the industry in which it occurs, and which can be reasonably located as to time when and place where it occurred, causing an injury”. You must be able to reasonably locate the time and place of your accident or you cannot claim that you had an Idaho Workers’ Compensation accident.

The only other type of Idaho Workers’ Compensation claim arises out of an occupational disease, which is defined by Idaho Code Section 72-102(22)(a) as follows: “Occupational disease” means a disease due to the nature of an employment in which the hazards of such disease actually exist, are characteristic of, and peculiar to the trade, occupation, process, or employment…” If you cannot fit your Idaho Workers’ Compensation accident within the definition of an accident or an occupational disease claim, you do not have a viable Idaho Workers’ Compensation claim.

Slow Down and Anticipate Traffic Pattern Changes

Published on: October 13, 2016 | by Racine Olson

With Idaho’s population growth and the increased traffic demands being placed on our roadways, construction zones are everywhere! The Idaho Transportation Department’s (“ITD”) research over the past several years indicates that 4 out of 5 construction zone accidents involve drivers or passengers, not construction crew workers like most of us believe. Nationally, 82% of the construction zone fatalities involve drivers and occupants in motor vehicles. ITD offers various safe driving tips for motorists while traveling in construction zones.

Construction zones are inconvenient and slow down the flow of traffic. Commuters traveling on I-84 across the state are painfully aware of the congestion and delays caused by work zone related traffic pattern changes and speed reductions. Drivers can keep the flow of traffic moving by merging properly and obeying posted speed limits. I.C. §49-657 has a fixed penalty for work zone violations of $50.00 and when additional fees are added, the average fine totals in excess of $100.00. Speeding is a major contributor to crashes in construction zones.

Rear-end collisions are the most common type of crash in a construction zone. Always keep a safe distance between you and the vehicle in front of you. Take it easy, be courteous, back off and don’t tailgate. Stay alert and keep distractions at a minimum. The construction crew and flaggers also want to remain safe and complete their work shift free from accidents and injuries.

WHAT IS SEPARATE PROPERTY IN IDAHO?

Published on: October 13, 2016 | by Racine Olson

By Nathan R. Palmer

A divorcing party generally seeks to protect her/his separate property from the opposing party. While property characterized as community property is generally divided equally, separate property will be left with the owner of the property. So what is separate property?

Separate property in Idaho is all property acquired by either spouse prior to marriage or thereafter acquired by gift, bequest, devise or descent. Also, property acquired with the proceeds of separate property is considered separate property.

IDAHO PROBATE OPTIONS FOR ESTATES LESS THAN $100,000

Published on: October 13, 2016 | by Racine Olson

By Nathan R. Palmer

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:

The fair market value of the entire estate does not exceed $100,000;

Compensable Time Under Both Federal and State Law

Published on: October 12, 2016 | by Racine Olson

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:

An Eviction Without Cause

Published on: October 12, 2016 | by Racine Olson

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.