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Estate Planning and Real Estate

With modern communications, the digital age, and the comforts of easy travel, the world has become a much smaller place. Our Idaho Estate Planning Attorneys know that it is common for an individual move around more freely and to own land or homes not only where they live but possibly in other states as well. When a client owns land, regardless of what state it is in, our Lawyers in Idaho assist our clients with the several options choices they have when it comes to giving their property to others when they pass.  

Our team of Lawyers who focus on Idaho Estate Planning use the experience they have obtained over decades to help each client, especially when it comes to land or homes. Our partners Randy Budge and Lane Erickson, and attorneys Nathan Palmer and Dave Bagley create a team of award winning Estate Planning Attorneys. Our team of use the decades of experience they have to assist each client in determining the options that are best for each client and the land or homes they own. Below is a list of the three most important things our team assists each client with when it comes to real property and estate planning.

Real Estate in Different States

The first thing to understand is that owning land or homes in different states is not a real problem when it a good plan is in place. The probate of a person’s property will take place in the state where that person resided when they passed away. The court proceedings and appointments of a Personal Representative in the probate process will all take place there. Our attorneys in Idaho are experienced in helping families through the probate process for their loved ones.  

Most states will recognize the appointment of a personal representative made in another state, allowing that same person to act at the personal representative in their state to deal with real property. Most states also have a summary proceeding called an Ancillary Probate that allows a personal representative to be recognized within their state boundaries so that homes or land can be properly transferred. Because of the procedures involved most of our clients hire an attorney in each state where such property is located to complete this process. Our lawyers have experience and can help you through this process.

Types of Real Estate Ownership

The second thing to understand is that there are different types of real estate ownership, some of which eliminate the need for a probate at all. One example is owning land or a home as joint tenants with a right of survivorship. When real property is owned this way all that is usually required to transfer the land or home from the decedent to the survivor in some states is an affidavit of survivorship. This is a far easier process than filing an ancillary probate. However, the reality is that most ownership of land or homes, even when it is a joint ownership with other individuals, does not include a right of survivorship. Also, there are some states don’t recognize a right of survivorship as a legal means to transfer real property. As a result, even if a person only owns a fractional interest in land or a home, that interest must usually pass through a probate in order for title of the property to legally transfer from the decedent to another person.  

Our team of Estate Planning Lawyers in Idaho understand the process of transferring land or a home from a decedent to other individuals. This type transfer is usually controlled by a person’s Last Will and Testament. Even when it isn’t, our Idaho attorneys have experience helping families transfer this kind of property after a loved one passes. We are confident we can help you and your family.

Estate Planning Trusts and Real Property

The final thing to understand is that having a trust that owns all of the real property an individual may have in different states eliminates the need for any type of probate or an affidavit of survivorship. When a trust is used, it owns all of the properties that are put into it and the trust continues even after a person’s death. The trust is the owner of the real estate. This means that even when a person dies, the ownership of the real property doesn’t change and the trust can then distribute the properties at any time after your death without any court involvement.

Creating a trust to own land or a home can be as simple or as complex as an individual chooses. However, a trust doesn’t work for everyone. We are experienced and can assist you and your family in determining whether a trust will work and if so, in creating a trust for the purpose of owning real property either within the state of Idaho or in other states.

Enlist an Idaho Estate Planning Attorney to Help You

If you own land, a home or other real property in Idaho or in other states, our Idaho Estate Planning attorneys can help you. Whether you are seeking to create a simple plan or a trust to transfer your real property upon your death, we are available to discuss your options and answer your questions at an initial consultation. Call us toll free at 877.232.6101 or 208.232.6101 for a consultation with the Racine Olson team of Estate Planning attorneys in Idaho. You can also email us directly at We will answer your questions and will help you solve your Idaho Estate Planning problems.

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