Idaho Law Blog

3 TIPS FOR CO-PARENTING

Published on: September 7, 2016 | by Racine Olson

Continuity and stability are two of the factors Idaho judges must consider when drafting a child custody plan for divorcing parents. The majority of child psychologists and social workers advise parents to establish routines for their children to help create a predictable environment in which children typically thrive. Accordingly, it is generally in a child’s best interest for parents who must co-parent from different households to collaborate regarding providing their child with consistency, including:

Daily Routines. If possible, parents should maintain similar routines at both homes to help ease the transition from one home to the other. Simple matters such as bed times, meal times, homework, and recreation should be similar at both homes to help create an environment of continuity and stability

Is it a Gift or an Advancement?

Published on: September 7, 2016 | by Racine Olson

By Matthew Stucki

Recently I have seen an increase in clients that come to my office and declare that they have made a gift to one or more of their children as part of their Medicaid planning or for some other reason. However, in most of these cases, the individual that has made the gift has not considered the potential conflict the gift may cause among their children.

In Idaho, “if a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement.” Idaho Code § 15-2-110

The Right to a “Speedy Eviction”

Published on: September 7, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Idaho is one of the states that offer a Speedy Eviction option to Idaho landlords under certain circumstances. The Speedy Eviction is a term used by lawyers who help Idaho landlords with evictions. A Speedy Eviction is simply a faster option that can be used by an Idaho landlord to evict individuals.

Idaho offers a few limited reasons when a Speedy Eviction can be used, but the most often is when a tenant fails to pay rent. When a tenant fails to pay the rent, an Idaho landlord is first required by statute to provide a written 3 day notice. Once that is completed then the Idaho landlord can move forward with the Speedy Eviction.

The Truth About “At-Will” Employment

Published on: September 7, 2016 | by Racine Olson

By Lane Erickson, Attorney

As I was driving to work one day I saw a bumper sticker on a car that said “At Will Employment Sucks”. Having practiced in employment law for nearly 20 years, I often have clients that misunderstand the at-will employment laws. This particular bumper sticker was a reminder of these misunderstandings.

“At-will” laws are just another way of saying that the employment of a particular person is without a contract. In Idaho an employment contract can either be in writing or oral, but in order to eliminate the at-will laws the contract must State specifically that it is for a specific period of time. This could be a 6 month, or 1 year or even 5 year period of time. It really doesn’t matter so long as that the time period is stated and is specific.

WHAT IS A MILLER TRUST?

Published on: September 2, 2016 | by Racine Olson

By Nathan R. Palmer

The use of a Miller Trust can help otherwise Medicaid eligible individuals qualify for Idaho Medicaid’s long-term care benefits when their monthly income exceeds $2,199. Individuals will generally not qualify for Idaho Medicaid’s long-term care benefits if their monthly income exceeds $2,199. Long-term care benefits are typically sought by older individuals in need of assistance with their daily activities, including personal hygiene, food preparation, and mobility. Many older/retired individuals have retirement accounts, annuities, or pensions that provide cumulative monthly income in excess of $2,199. So how can a Miller Trust help?

A Miller Trust is only effective if it is properly established and managed. Here is an overview of the process:

You Can Change Your Idaho Worker’s Compensation Doctor

Published on: September 2, 2016 | by Racine Olson

By Fred J. Lewis

Under Idaho Worker’s Compensation law, the injured party has the burden of proof to produce medical evidence to support their Idaho Worker’s Compensation claim. This means your treating doctor needs to be on your side. He or she has to be willing to offer an opinion on a more probable than not basis that the industrial accident caused an injury to your body. If your treating doctor is unwilling to offer this testimony, you need to ask your doctor to refer you to a doctor who will help you with your Idaho Worker’s Compensation claim by offering a causation opinion as I have described above.

Sometimes, the doctor does not want to lose you as a patient because the doctor is being paid at a higher rate because it is an Idaho Worker’s Compensation claim. Under the Idaho Worker’s Compensation medical fee schedule, doctors are paid a lot higher rate for treating Idaho Worker’s Compensation claimants. Some doctors want to hold on to you as patients because you are a “cash cow” and they will not want to refer you. This presents a difficult position. At that point in time you essentially have two options. First, you file a petition for a change of physician with the Idaho Industrial Commission under Rule 20 of the Judicial Rules of Practice and Procedure under the Idaho Worker’s Compensation Law. The Commission may or may not grant your petition for change of physician. Your second option is to use your private insurance or some other non-Idaho Worker’s Compensation insurance coverage or Medicare or Medicaid card to go to the doctor of your choice who will help you with your Idaho Worker’s Compensation claim. Without a referral, and without an order changing your doctor from the Idaho Industrial Commision, the worker’s compensation insurance company is not required to pay for their services. However, this may be the only way that you can obtain the necessary medical opinions to make your claim go forward.

How to Terminate a Month-to-Month Tenant

Published on: September 2, 2016 | by Racine Olson

By Lane Erickson, Attorney

I have represented both landlords and tenants in Idaho for a number of years. I got to know the area of law so well, that I decided to become a landlord myself about eight years ago. There are a lot of important things to understand in landlord tenant law, but I am always surprised at the number of landlords who don’t truly understand how a month-to-month tenancy works. The thing that is most often misunderstood with a month-to-month lease agreement has to do with terminating the tenancy and getting the tenant out.

The first thing to understand about Idaho landlord/tenant laws is that if there is no written agreement, the tenancy is automatically considered to be month to month. This can be eliminated easily by simply entering into a written lease agreement for a specific period of time, such as 6 months or a year. However, that alone does not eliminate issues with month to month tenants. 　Often, even a written lease agreement will state that when the specific term comes to the end the tenancy then becomes month to month.

The Bonus of Employee Benefits

Published on: September 2, 2016 | by Racine Olson

By Lane V. Erickson

Many, but not all Idaho employers offer benefits of some sort to their full-time employees. This could include vacation pay, health, dental or life insurance, sick pay, paid time off for holidays, or other similar benefits. Employment benefits of these types are a fantastic addition to the wage or salary that is earned by the employee. When most employees are looking at a job they take into consideration the entire package of pay and benefits to decide whether the job is worth taking. The key is to understand the role of benefits in an employment relationship.

It’s amazing to me how often I am asked by clients whether they can force their employer to provide certain benefits to them as an employee. The reality is that no employer is required to provide any benefits to any employee. There is currently no Idaho law nor is there any federal law that requires an employer to provide any specific benefits to their employees. The only exceptions to this is that these employers almost always have to provide Workers Compensation Insurance and unemployment insurance.

5 Events That Should Cause You to Update Your Estate Planning

Published on: September 2, 2016 | by Racine Olson

By Lane Erickson, Attorney

Everyone should have an Estate Plan in place. Additionally everyone should keep their Estate Plan updated during their lifetime. That seems to be simple common sense but I often have clients ask me from a practical standpoint when they should update their Estate Planning. 　Here are 5 events during your lifetime that should cause you to update your Estate Planning.

1. A Birth

PROS & CONS OF A SPEEDY DIVORCE

Published on: September 2, 2016 | by Racine Olson

By Nathan R. Palmer

Most individuals in need of a divorce seek a quick, efficient resolution. Divorce proceedings in southeast Idaho typically last between four and six months, on average. The divorce process entails exchanging information and documentation between the parties, potentially agreeing upon issues, including child custody and spousal maintenance, and going to trial to allow a judge to make a final decision on all issues on which the Parties do no agree. Some individuals desire to avoid this process for varying reasons, including lack of time, money, or desire. As a result, those individuals might simply agree to the terms of divorce proposed by the opposing party.

The advantages and disadvantages of obtaining a divorce without performing a thorough investigation vary depending on the nature of each case. All too often people agree to a speedy divorce only to regret the decision a few days, weeks, or months later. Here are some of the pros and cons of seeking a speedy resolution: