Idaho Law Blog

Will a Trust Protect My Assets from Creditors?

Published on: June 29, 2016 | by Racine Olson

Most trusts do not protect assets from a grantor’s creditors. Contact an experienced estate planning attorney to review your trust documents for answers regarding the creditor protection your trust may provide.

The overwhelming majority of trusts in place today are known as revocable living trusts (RLT). Most RLTs provide benefits, including the seamless transfer of control in the event a grantor becomes incapacitated or dies. Most RLTs do not protect assets from creditors even though the assets may belong to the trust (i.e., a residence is deeded to the trust). The reason for this lack of creditor protection lies in the fact that the trust is revocable – meaning, the grantor (the person(s) placing the assets into the trust) may revoke the trust, or a portion thereof, and regain direct control of the assets. Thus, the assets are available to the grantor to satisfy obligations to creditors.

The Idaho Department of Health and Welfare will also consider assets belonging to an RLT as assets of the individual applying for Medicaid benefits. Generally, the assets are available to the applicant if he/she simply revokes the trust. As a result, persons seeking Idaho Medicaid eligibility will likely not meet the Medicaid resource eligibility requirement if they simply transfer their assets into an RLT. Contact an experienced Idaho Medicaid planning attorney to plan for the long-term care of your elderly loved ones.

Personal Injury Damages

Published on: June 28, 2016 | by Racine Olson

In a personal injury case there are two categories of damages: The first is commonly called “economic” damages; while the second is known as “noneconomic” damages. Both of these categories should be considered and discussed with your attorney to fully maximize the value of your case.

What are economic damages?

01. Economic damages are the compensation you receive to replace money or property you may have lost as a result of the accident. These damages include money to replace or repair your vehicle, medical bills, lost wages, money to pay household services if you can no longer do them yourself, and lost future wages. In a wrongful death case, economic damages also include funeral expenses.

The Risk of Stroke After An Accident

Published on: June 23, 2016 | by Racine Olson

If you have been in an accident and suffered an injury to your head, then you have to be aware of the dangers this may pose. Sometimes injuries of this type do not become evident for days, weeks, or even months. This makes it even more important to discuss possible additional injuries with your physician and refrain from settling your case until your doctors are satisfied that no such injury has been sustained.

What is the risk?

01. The national Center for Biotechnology Information has stated that it is possible for you to suffer a stroke after an accident occurs. Studies show that the more damage there is to the skull, the more likely it is for this phenomenon to occur. If you have suffered a concussion, skull fractures, or brain damage, you should notify your physician and those you live with and love immediately. This allows you, your doctor, and others to monitor your health and be on the lookout for anything out of the ordinary. It seems to go without saying that you should not let the possibility of a stroke go unmonitored.

No Bullies allowed in Idaho Worker’s Compensation Cases

Published on: June 23, 2016 | by Racine Olson

By Fred J. Lewis and Mallory Mitton

The general public’s ideas about the legal system are often shaped by TV shows such as Law and Order: SVU, The Good Wife, and Fairly Legal. The plaintiffs and defendants in these fictional courtrooms are enemies who battle it out using any means necessary to win. These are highly sensationalized and exaggerated representations of what really occurs in criminal cases and civil litigation. In contrast, worker’s compensation proceedings should not be like this at all. The entire purpose behind worker’s compensation laws is to get injured workers fair compensation for their injuries. It has been said that worker’s compensation cases are” nice guy law” where all the parties need to act civility and politeness. The junkyard dog approach will not be tolerated.

The definition of “nice guy law” is illustrated in the 2016 Idaho Industrial Commission decision Salinas v. Bridgeview Estates. The Commission states “…the ‘no-holds-barred’ mentality which is often a part of civil litigation has no place in workers’ compensation proceedings. Unlike civil litigation, which is truly an adversarial-based process, the goal of workers’ compensation – to provide an injured employee with those statutory benefits to which the worker is entitled – should be shared by all parties”. Because the goal of worker’s compensation is to provide injured employees with the benefits they need, no one loses if that goal is shared by everyone involved in the case as it should be!

Nursing Home Falls

Published on: June 20, 2016 | by Racine Olson

Making the decision to place a loved one in a nursing home can be difficult, even emotionally traumatic, for both family members and for the person who is actually entering this new residence. The last thing anyone wants to learn is that their loved one has fallen.

What is the risk for a fall?

01. In the U.S., around 1,800 people die in nursing homes from falls each year according to the Centers For Disease Control. In Idaho, just like other parts of the country, older people are more susceptible to general and physical harm from falls. In addition, the severity of the harm is greater to these more fragile family members. Your relative may fall due to the fact that mobility is decreased as a person ages. Diminished gait and mobility problems account for 24 percent of nursing home falls according to the CDC. New medications can also affect one’s ability to move from one place to another.

Maybe you are not an “Independent Contractor”

Published on: June 20, 2016 | by Racine Olson

By Fred Lewis and Mallory Mitton

Sometimes so called “independent contractors” can successfully bring worker’s compensation claims.

The 2016 Idaho Industrial Commission decision Youren v. Treasure　 is an interesting case that examines whether the claimant is an employee or an “independent contractor”. Under Idaho law, employees injured in work related accident are “entitled to medical, temporary disability, and permanent impairment benefits as well as attorney fees, costs, and penalties” while independent contractors are not entitled to those benefits.

Top Three Ways to Kill the Value of Your Worker’s Compensation Case! (part 3)

Published on: June 16, 2016 | by Racine Olson

The third is being rude or demanding. Many people don’t think about this, but your attitude can change everything. A work injury will turn your world upside down. You are going to be upset. You are going to be angry at times during the process. However, if you go into a deposition with the insurance’s attorney and get upset, rude and irritable with them, they may be less likely to settle with you. These are the people who are going to give you money, so be nice to them. You can be firm about your injury but don’t lash out at them. Be as pleasant as possible. Dress professional and be polite. This goes with our medical providers as well. If you are good patient and they like you, they may be willing to help you. This saves money on expensive experts and will further increase the value of your case.

5 Things to do Before you Meet with an Attorney to Probate an Estate

Published on: June 13, 2016 | by Racine Olson

Losing a loved one is difficult. Grieving with your loss while trying to navigate the probate process alone is more than most people can cope with. As a result, most people hire an attorney to help them complete a probate. Probate is the name given to the process of collecting and managing the assets; debts or taxes; and distributions of property of a person who has died. Once you found an attorney to help you through the probate process, there are 5 things you can do to prepare for your first meeting.

headstone

First, order and receive eight to ten (8-10) certified copies of the death certificate. Death certificates are used in planning and carrying out the probate process in many ways from providing a copy to the Court to forwarding copies to account holders and life insurance providers. If possible, bring at least one certified copy of the death certificate to your first meeting with your probate attorney.

Second, determine if there is an existing written Will, or written Estate Plan. Finding the original documents and providing these documents to your probate attorney will help in the determination of whether probate is required or not. For instance, if there is a trust, probate might not be necessary. If probate is necessary, many states require that the original will be filed with the Court during the probate process. Locating and bringing this to your probate attorney will avoid delays.

Top Three Ways to Kill the Value of Your Worker’s Compensation Case! (part 2)

Published on: June 13, 2016 | by Racine Olson

The second is stating you are better before you actually are. Times can be hard. Financial peace is a factor on everyone’s mind. If you are injured at work, you often want to get back as soon as possible. You know that the longer you stay off work, the higher your chances are of being fired. You have a family to provide for and feed and you need an income. After a few weeks of recovery, the insurance company may bring in something to sign asking if you need more medical attention or if you are fully recovered. Don’t ever say you are fully recovered. You let trained medical professionals make those decisions. You don’t know if in a few months you will need surgery or further treatment, and if you signed a document or state that you are fully recovered, you can be sure it will be used against you come settlement time. Be careful. Just allow your body to tell when you can return to work and just see how it goes. After the worker’s compensation insurance company pays benefits you will have time to see how you do. Be patient.

Who Will Decide What Your Estate Plan Will Be?

Published on: June 10, 2016 | by Racine Olson

Most clients I work with on their Estate Planning are shocked to learn that everyone has an Estate Plan, even when they have done nothing. There really are no exceptions to this. In Idaho, like most every other state, written statutes create a default Estate Plan for anyone who has not created one for themselves.

While this may seem intrusive, the reason the government has a default Estate Plan for you is because the law recognizes that when a person passes away, many people may make a claim to the decedent’s property. To avoid the potential chaos that could result from this problem, and to stop those that are unscrupulous, the law has created a systematic default Estate Plan for the distribution of a person’s belongings when they die. This is called the Law of Intestacy.

Probate

Essentially, if you die without a written Will, or Estate Plan, you die “Intestate.” If you don’t have a written Will as part of your Estate Plan then Idaho’s “intestacy” statutes and laws will automatically create an Estate Plan for you that determines who will receive your property when you die. In other words, if you don’t create an Estate Plan for yourself, the government has a default plan for you.