Idaho Law Blog

TWO PROFESSIONALS NECESSARY FOR YOUR ESTATE PLAN

Published on: July 26, 2016 | by Racine Olson

Properly planning your estate takes teamwork. During our retirement years most of us will deal with several professionals for different purposes, including a financial advisor, an accountant, and an attorney. The most effect estate plans are those in which those professionals work together. That being said, there are several important professionals who should be involved in planning your estate, but are most often overlooked. Here are two:

A Funeral Director. One of the most overlooked resources available for your estate plan is a pre-paid burial plan. As a result, family members are forced to scramble to make decision, including decisions surrounding the appropriate funeral service, if any, and how to pay for the costs associated with a funeral service and/or cremation. Unfortunately those tough decisions need to be made while mourning the loss of a loved. one.

Consulting a funeral director during your life will provide you with a sense of peace as you know your loved ones will not have to deal with financial stressors in addition to dealing with loss. At Racine Olson our experienced estate planning attorneys recommend you speak with a funeral director to pay for and plan your funeral services. Many of our clients throughout Pocatello, southeast Idaho, Idaho Falls, Twin Falls, and Boise, report back to us of the sense of completion they fell after pre-paying for, and planning, their funeral services. Mostly, our clients feel like they are providing their loved ones with the opportunity to mourn rather than worry about financial issues after their passing.

The 4 Types of Estate Planning Documents Every Person Should Have

Published on: July 25, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

I’ve seen countless clients breathe a sigh of relief once they have completed their Estate Planning. It’s almost as if a physical weight has been lifted from their shoulders. I understand why my clients feel this way. For those who have never done it, Estate Planning can seem like an insurmountable mountain that has to be climbed. I enjoy my job of guiding my clients through this process in a way that is both pleasant and easy. To take the fear and mystery out of Estate Planning, here is a checklist of the 4 types of Estate Planning Documents that every person should have. Having this checklist should help you and your family start a conversation about getting both your and their Estate Planning done.

1. Estate Planning Documents

3 THINGS TO KNOW ABOUT PROTECTING YOUR DIGITAL ASSETS

Published on: July 21, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Estate planning involves not only tangible assets such as houses, cars, and similar things. It also includes any intangible assets you own. What are intangible assets? These include things that you can’t physically touch, but that have value. For example, we live in a digital age which means that most of us have online “accounts”, such as YouTube, Facebook, Instagram, LinkedIn, or Twitter. We may also have online money accounts such as PayPal, peer to peer lending, or investment and retirement accounts. While having such assets is convenient, the problem is that under present law, it is not entirely clear who can access and manage your online assets when you die.

The estate planning laws in most states have not kept pace with technology. Additionally, many of the companies responsible for managing digital assets are concerned about violating applicable laws. These companies are also fiercely protective of their users’ privacy. Additionally, many states are working on legislation that could help protect yourself and your digital assets.

How to Stop a Bully

Published on: July 21, 2016 | by Racine Olson

Being bullied is no thing to joke about. It is a serious problem in our schools, playgrounds and even in our Idaho workers’ compensation claims. Often the Idaho worker’s compensation insurance company don’t want you to go see a doctor unless they know the outcome. Unfortunately it happens, you get hurt and have a serious injury but the insurance company or employer comes back again and again brings something for you to sign. Usually this says you can return to work, you don’t need any more medical treatment or you can work a full day. Don’t sign it! Right when you do they have evidence saying you are better, and they will use that saying they don’t need to pay for your medical treatment for the injury.

This should never be advocated in our schools or playgrounds, but in Idaho workers’ compensation claims most times you need an advocate to stop a bully. Hire an experienced Idaho worker’s compensation attorney. They can put pressure on the adjuster and get you in to see a professional physician who will treat you not just give the insurance company what they want. The good thing with an expert Idaho worker’s compensation lawyer is that all correspondence can go through them. The bully no longer can talk directly to you they need to go through your attorney. Protect yourself from bullies and stop them from getting their way. Get yourself an expert Idaho workers’ compensation attorney.

Cutting Off Your Supply Chain!

Published on: July 19, 2016 | by Racine Olson

A common military tactic used through history is cutting off an enemies supply chain and starve them until they submit. It can be effective and can last for a very long time. Idaho worker’s compensation claims can be lengthy. They can take months even years. You cannot settle your claim until you have fully recovered and gone back to work or proven you can’t return to work. Often worker’s compensation injuries can leave you without a job and income. The worker’s compensation insurance companies know this and will test your resolve to stick it out until they put real money on the table. Don’t let them coerce you into a settlement that is much lower than the true value of your claim.

If you were just injured in an industrial accident prepare for the future. While you still have some savings, receiving some wages or getting some benefits, start hunkering down. Prepare yourself for what could be a lengthy claim. Cut out unnecessary costs or even downsize if you have to. Look into government aid for help. Contact an experienced Idaho worker’s compensation lawyer. We can help you navigate through the rough spots. Prepare now so you aren’t at the mercy of a worker’s compensation insurance company for a　 settlement. Don’t let a lengthy Idaho worker’s compensation claim force you into submission.

5 Things to Know About What Happens to Your Debt When You Die

Published on: July 18, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Society is consumer driven. Home mortgages, student loans, car loans, credit cards and other debt are a normal part of society and our lives. I am often asked by my clients about what happens to their debt when they die. In most circumstances, I have to deliver the bad news that debt usually does not die with the debtor. The general rule in Idaho is that if you have debts when you die your Personal Representative may have to liquidate your assets (including homes, cars, and other assets) to pay your debts before anything is passed on to your loved ones. Here are 4 things you should know about debt and death:

1. Death and Credit Cards. If a loved one leaves behind thousands of dollars in debt on credit cards, you probably have nothing to worry about, unless you are a co-signer on that card. When this occurs you have a financial loss on top of an emotional one.

Avoiding Conflicts in Your Estate Plan

Published on: July 11, 2016 | by Racine Olson

Recently I represented individuals in a family that became disgruntle with their sibling who was named as the personal representative of their parents’ Wills. The individuals believed that the personal representative was mismanaging the estate. The parties decided to litigate the matter and ended up spending more money on their attorneys than what they were fighting about in the first place.

These conflicts may have been avoided with proper planning. When preparing your estate plan, there are certain things that you can do to help reduce the chance of conflicts among the beneficiaries named in your Will, most often your children. The following is a list of things you can do to try and eliminate potential conflicts:

Communication. Communicating your intention with your beneficiaries while you are alive can be difficult and may result in some minor conflicts, but in the long run can prevent unnecessary litigation after your death. It is important that you inform your beneficiaries of the existence of a Will, and that you let them know each and every time you change or modify the Will.

Help Me Help You!

Published on: July 11, 2016 | by Racine Olson

By Fred J. Lewis and McKaid Shepard

We have all heard that saying, right? It doesn’t matter how good your Idaho worker’s compensation attorney is, they need your help. We simply can’t do it all for you. One component in particular is your work search journal. Going out and looking hard to find a job is extremely valuable in your Idaho worker’s compensation claim.

Many work related accidents leave you without a job because you can’t do your old job because you are injured. Unfortunately it happens too often. You may have restrictions that disqualify you for most jobs available, but you still need to apply. If you can bring to the table and show that because of the work injury you can’t find a job, the value of your Idaho worker’s compensation claim increased immensely. It is the way you as the injured worker can increase the value of your Idaho worker’s compensation case.

The 4 Reasons Every Person Needs a Will

Published on: July 11, 2016 | by Racine Olson

There are 4 reasons every person should prepare a written Will. 　A Will empowers you to direct your affairs after your death. A Will allows you to give specific property to your family and friends. Even those of us with little or no property will want to designate a guardian for your minor children. Finally, a written Will simply makes things as easy as possible for your family.

1. Directing Your Affairs After Your Death

Friends and family are well meaning most of the time. Sometimes they are not. Regardless, when we die, we either leave directions about our affairs in a written Will or we simply leave these things in the hands of our family and friends. What are your “affairs”? These would be things such as, do you want a funeral or not. Do you want to be cremated, and if so, are your ashes to be buried or scattered in a place you chose? Additionally, in a written Will you can provide direction about how to handle your debts or bills, your property, and your other business or personal affairs. If you don’t provide direction in a written Will, then what you want simply may not happen.

Can Social Media Hurt Your Idaho Workers Compensation Claim?

Published on: July 7, 2016 | by Racine Olson

By Fred J. Lewis and McKaid Shepard

The short answer is yes it can. You may think whatever you share, post, tweet or tag will have no impact on your case, but that is not true. It is a common practice in Idaho worker’s compensation for the insurance company’s attorney to request Facebook and other social media profiles. They are looking for anything to use against you in your claim. If there is a post in there of you after your work related accident boating, hunting, working or any physical activity, this could be used against you in your Idaho worker’s compensation claim.　 Even if that picture was taken before the accident and you are just posting at a later date, it may still complicate or delay your claim.

Your social media is not as private as your think. The Idaho Industrial Commission, who serve as the judges in Idaho Worker’s compensation cases will order that you turn over the contents of your private social media posts including Facebook. Be careful what your post, tweet and share during the process of your Idaho worker’s compensation claim. It can be used against you and be used to decrease the value of your claim.