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Estate Planning

Idaho Estate Planning and Probate Attorneys

Idaho Estate Planning Lawyers If you have concerns about your property, your family and planning for your future, or if a loved one has recently passed away in Idaho, you need an Idaho Estate Planning Attorney on whom you can depend to guide you through your Estate Planning and Probate needs. At the Racine Law Office, our Idaho Estate Planning Lawyers have been representing clients in Idaho and helping them with their Estate Planning and Probate needs and concerns for over 75 years. Our Estate Planning Attorneys in Idaho represent good people in all walks of life and throughout the entire state of Idaho and help them review and create a customized Estate Plan that protects them, their family and their needs for generations to come. Our Idaho Probate Lawyers also represent spouses and families and guide them through the Probate process in Idaho when a loved one passes away. Through planning and experience our Probate Attorneys in Idaho help individuals protect property and maintain good family relationships.

Our Idaho Estate Planning team is respected among the legal and includes partners Randy Budge and Lane Erickson and attorneys Matt Stucki, Nathan Palmer and Dave Bagley who have received the highest ratings from Martindale and Hubbell, AVVO and Justia for their ethics and legal ability as Idaho Estate Planning Attorneys.

Customized Estate Planning

Intuitively we all know that we are going to die. The only question is when. Completing even a basic Idaho Estate Plan eliminates problems down the road, helps avoid fights and disagreements between family members, and provides assurances that your money and property will be distributed to the individuals that you choose.

Estate Planning isn’t just about giving away your money, property and belongings after you die. While these are significant, estate planning’s more important functions are to help you plan for your own future. The reality is that as a society, we are living longer than ever before. However, with a longer life comes the increased risk that we will have a disability or mental incapacity in our later years. Alzheimer’s disease, strokes, dementia and other health, mental health illnesses and injuries are at an all-time high. With a proper Idaho Estate Plan in place you will name a person who will make decisions for you, including financial, business, health care, and others, if you become unable to make these decisions for yourself. If you don’t complete this part of your Estate Planning, your family will likely be forced to have a Court determine who will be your guardian through a costly court proceeding where you family may fight about who should be appointed. With a completed estate plan, our Estate Planning Attorneys in Idaho can help you avoid these problems.

Additionally, if you are the parent of young children, you should prepare for the worst thing that could happen: your death. In your own Estate Planning, you can ensure that your children are taken care of by the people you choose as their Guardians, if there is no parent who is alive. If you have small children and don’t complete a proper Estate Plan, the courts will step in and decide who will be named as the legal guardians of your children. Well-meaning family members may disagree about who should be appointed which could lead to ugly and costly family fights.

We’ve seen many horrible situations where families have disintegrated over money, property and minor children because no Estate Planning was completed. Family fights, where one heir may think he or she deserves more than another, or where individuals fight over who should be in charge, or who should be named as Guardian can and do happen. These fights can get ugly and often end up in court, with family members pitted against each other. With a complete Idaho Estate Plan in place, the chances of these types of family fights are most often eliminated.

A complete Idaho Estate Plan

Every person is different and unique and because of this their Estate Plan should be customized to fit their own personal circumstances. Most people need the basics of an estate plan which include at least a Last Will and Testament, a Durable Power of Attorney, a Living Will, and a Durable Power of Attorney for Health Care. Some individuals with small children may need to name a Guardian, or may need to create a trust for their minor children. More mature adults may want to have a living trust set up or a series of trusts that can be used as part of their succession planning for their farm, ranch or business. Additionally, life insurance, bank accounts, and retirement accounts should be considered and made a part of each person’s Idaho Estate Plan.

Idaho Probate

The probate process in Idaho is actually quite refined. It is a simple process that results in the ability to deal with creditors and pay estate debts and to distribute a deceased person's property exactly how they designate or describe in their last will and testament. If a person does not have a last will and testament, then the laws of the state of Idaho create a default last will and testament for them through intestacy that provides for the distribution of their estate. Idaho Probate creates a method for another individual to make these transfers.

A home, or other real property is a good example of the need for a Probate when a loved one passes away. Real property in Idaho is owned by a deed that establishes who the title owner is. While a person is alive they can always sign a deed selling their property or giving it away to another person. However, when they die their name is still on the deed but they are no longer able to sign their name. Someone must have authority to sign on behalf of the deceased person to transfer that property away. This is accomplished through Probate and the naming of a personal representative.

Once a personal representative is appointed by the court they have authority to sign on behalf of an estate and to transfer property to others. This gives the personal representative the ability to carry out the wishes of the deceased person as described in the Last Will and Testament.

Enlist an Idaho Estate Planning or Probate Attorney to Help You

The diligent Idaho Estate Planning Attorneys and Idaho Probate Lawyers at the Racine Law Office are here to help you and your family when you need it the most. Whether you are seeking your own customized Estate Plan or are in need of a Probate for a loved one who has passed, we are available to discuss your options and answer your questions at an initial free consultation. Call us toll free at 877-232-6101 or 208-232-6101 for a free consultation with the Racine Olson team of Estate Planning attorneys in Idaho. You can also email us directly at We will answer your Idaho Estate Planning and Probate questions and will help you solve your Idaho Estate Planning and Probate problems.

Idaho Law Blog - Estate Planning
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