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Questions Answered by Mark R Petersen
1 Answer | Asked in Real Estate Law for Idaho on
Q: I have a property in idaho that I bought 16 years ago. Prior it was owned by another family for at least 40 years.

They long ago put up a fence to keep in their cows. This fence has been in place for over 50 years. According to a fairly new neighbor( 6 years) who borders me, he did a survey recently and claims the pins are different by as much as 18 feet. He wants to take down the historic fence and build a... Read more »

Mark R Petersen
Mark R Petersen answered on Jul 30, 2018

Idaho law recognizes fences that have been the boundary of adjoining properties for a long period of time as the property line. To establish fence line and property ownership there must be a (1) disputed boundary, (2) uncertainty or ignorance of the true boundary line, (3) and an agreement... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Should I obtain a lawyer in Ca. or Idaho ?

My brother has embezzled over $130,000 from our mother's trust, over a 4-5 year period. He WAS the Trustee, and worked as a financial advisor, I am the beneficiary. He has since revoked his trusteeship, and I have the POA . He has been arrested in Chino, Ca. (re-file pending, needing more evidence)... Read more »

Mark R Petersen
Mark R Petersen answered on Jul 30, 2018

If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.

Determination of jurisdiction and the...
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1 Answer | Asked in Divorce for Idaho on
Q: My ex has our house from the divorce in April 2018. My name is still on the mortgage. He has started remodeling.

Does he need my consent to do this?

Mark R Petersen
Mark R Petersen answered on Jul 30, 2018

It will depend on the language in your decree of divorce. If the decree of divorce gives the property to him outright then he would have the right to remodel the home because it is now his property. If he is required to refinance the home and clear your name off the property, he probably should... Read more »

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