answered on Jun 5, 2021
Yes, you should have a simple addendum or amendment to the trust to document this change. Do not do this on your own or cross out the first name and add in the second name.
I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?
Also, my last name has changed (I recently married) and my... Read more »
answered on Jan 28, 2021
Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and... Read more »
answered on Nov 17, 2020
You are either "next of kin" or you're not. It has nothing to do with where you are physically or legally right now. If you were in prison, you would still be "next of kin." If you were across the world, you'd still be "next of kin." The... Read more »
I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.
Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.
The interview was to be free as is... Read more »
answered on Sep 23, 2020
A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... Read more »
Towards the end we had to move him into hospice care in Idaho so that he could be near family. We are trying to figure this out but neither of us has been through this before.
answered on Sep 10, 2020
His place of domicile when he died was Idaho, whether or not he happens to own property elsewhere
out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?
answered on Sep 10, 2020
Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... Read more »
We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020,... Read more »
answered on Apr 28, 2020
I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This... Read more »
My father didn’t want to do anything about it when she died less than 10 years ago.
My uncle just died in California. What are my and my two brothers’ and possibly my father’s legal options in regards to that inheritance? We live in Idaho.
answered on Jan 25, 2020
Your uncle's estate will likely be distributed according to his own estate plan, as opposed to your grandmother's. If your uncle has no trust or last will (his "estate plan"), his assets will be distributed according to a table of consanguinity. That table basically looks at... Read more »
If My mother suddenly dies. Do they own her possessions because they are own the house?
answered on Jan 5, 2020
No, the personal property is not included in the sale UNLESS the purchase and sale contract specifically includes the personal property and the personal property is transferred to them during your mother's lifetime by a Bill of Sale.
A trust was formed and land was put into it.
After this the land was placed in an LLC in 2011, but the Named owner of the LLC is a person (the grantor of the trust), not the trust. In other words the trust does not mention the LLC and the LLC does not mention the trust.... Read more »
answered on Oct 21, 2019
If you can show that the LLC membership interests are owned by the trust, then you would need the trust instrument in order to properly administer it.
If the LLC membership interest is owned by the decedent, then the first place to look is the LLC operating agreement or perhaps a... Read more »
answered on Aug 19, 2019
You can, but the lender can still foreclose.
I do not need/want any part of Dad's estate. Does Idaho law refuse estate being passed to a non-blood family member over me, his natural child? Does Idaho law allow current wife to receive 50% of his estate? Dad is a healthy 92 year old but we need to know the facts of Idaho estate laws.
answered on Jun 5, 2019
If you need to know Idaho law on these important issues, hire an Idaho lawyer.
What can I do to stop her not as fast as computer
My mother had bad credit. I had excellent credit. She said it would be good for my credit and my future if we bought a house together while I went to school full time and paid my loans as a I went. This is in Idaho. She was the primary owner and she paid the mortgage, as she promised. I gave her... Read more »
answered on Oct 10, 2018
Why don’t you ask your mother to quit claim her interest in the property to you? Partitioning this property won’t answer the question of what money you might owe to your mother? As for your question, this is not a difficult situation for an experienced attorney to handle, and if you know what... Read more »
answered on Dec 13, 2017
Under certain circumstances, yes.
For example, if there is not enough money to distribute ALL the specific bequests, each would be proportionally reduced. Or if there are 'priority claims' such as probate or funeral costs that exceed the amount that would allow a full payout of... Read more »
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