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Idaho Probate Questions & Answers
1 Answer | Asked in Probate for Idaho on
Q: Why does Idaho have a small estate affidavit yet the banks or insurance companies will allow it to be used? Help!

My single adult son died in a head-on crash. His auto insurance company paid off the balance owed on his vehicle & issued a check to "the estate of...." for $1702. This is the total value of the estate; the courthouse provided me with a small estate affidavit. I provided all of... View More

Anthony M. Avery
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answered on Feb 8, 2024

Sometimes it is not worth opening a Probate Estate so many let the banks keep the money. It happens alot. If the Bank will not accept your authority under the Small Estate Affidavit, then you have standing as the

Affiant to file suit against the bank for conversion, etc. , as it is...
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1 Answer | Asked in Probate for Idaho on
Q: Who inherits without a Will in Idaho?

My uncle died without a Will. I am his nephew. The only living relatives are me, my brother and sister (which are his other niece and nephew) and my great aunt (my deceased uncle's mother's sister. So it is my Grandma's sister). So just the four of us are living. Who would... View More

Anthony M. Avery
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answered on Oct 16, 2023

Hire a competent ID attorney to determine the heirs-at-law. An Affidavit of Heriship being recorded might establish a source of title. Someone will have to pay property taxes whether the other tenants in common contribute or not.

1 Answer | Asked in Estate Planning and Probate for Idaho on
Q: My mom passed and I am on her bank accounts. Do I have to report them to the estate or are they mine?
T. Augustus Claus
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answered on Sep 11, 2023

The handling of your late mother's bank accounts depends on various factors, including the account type and how they were structured. If you were listed as a joint account holder or if there were payable-on-death (POD) or transfer-on-death (TOD) designations in place, these accounts may... View More

2 Answers | Asked in Probate and Social Security for Idaho on
Q: Can a conservatorship use a minor conservatee's money to make mortgage payments on their house?

Then when the minor conservatee became of age, the conservatorship required the Conservatee to pay Rent to continue to live in the house his conservatorship money had bought

James L. Arrasmith
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answered on Sep 21, 2023

A conservatorship typically manages the financial affairs of a minor conservatee for their benefit. Using the conservatee's funds to make mortgage payments on a house that will ultimately benefit the conservatee can be appropriate if it aligns with the minor's best interests. However, the... View More

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Idaho on
Q: Which document is necessary to deed a property from father to son and his wife before father's death?

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... View More

Kevin M Rogers
Kevin M Rogers
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... View More

1 Answer | Asked in Probate for Idaho on
Q: Surviving spouse personal represenative has sold numerous possessions not recorded through probate can he be removed?

Personal represenative surviving spouse has sold numerous personal property items never recorded in probate

Kevin M Rogers
Kevin M Rogers
answered on Dec 29, 2020

Yes. What you are alleging is "malfeasance" and subjects the PR to removal. Make sure and get your ducks in a row before asking a judge to remove a PR.

1 Answer | Asked in Probate for Idaho on
Q: If probate was not started can a petition be made to remove executor?

I am daughter to decedent step dad is executor and want him removed as such moms personal property has been sold and not recorded through probate

Kevin M Rogers
Kevin M Rogers
answered on Dec 29, 2020

If Probate hasn't been started, YOU can start it. File a Petition to be Appointed, then you can send a letter to step dad demanding that he return property he sold or pay the value of property he sold back to the "estate"

1 Answer | Asked in Family Law, Elder Law and Probate for Idaho on
Q: My sister recently resigned as guar/consr. She is withholding all dads mail and I know she's hiding something.

What can I do?

Kevin M Rogers
Kevin M Rogers
answered on Oct 18, 2020

Has a sister to one of the future devisees, you have the right to demand a copy of the checking account (or anything else) and if she does not comply, you simply file a petition for removal.

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Idaho on
Q: 3 siblings have inherited the family home. 2 of them want to sell the property and 1 of them does not and wants to rent

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?

Kevin M Rogers
Kevin M Rogers
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... View More

1 Answer | Asked in Criminal Law, Collections, Elder Law and Probate for Idaho on
Q: I am the administrator of my mother's estate. I recently found out that my brother had been using her cc. What do I do?

I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Idaho on
Q: We are in the middle of disputes regarding business partnership of 8% and we have been receiving K-1 form every year.

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,... View More

Kevin M Rogers
Kevin M Rogers
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... View More

1 Answer | Asked in Probate for Idaho on
Q: Can an attorney include something that was given away 2 years prior to changing a will ?

My mother’s ring was given to my oldest sister. My other sister went with my Dad to change his will to include she get 1/2 of the ring 2 years after my Mother passed and my oldest Sister was given the ring.

Nina Whitehurst
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answered on Mar 4, 2020

Nope. Once a person gives something away, it is no longer part of his or her estate; it is now owned by the gift recipient. The person who gave it away can mention it in his or her will, but that will not do any good because it is not part of his or her estate any longer. And to mention it in... View More

1 Answer | Asked in Criminal Law and Probate for Idaho on
Q: How long does it take to get a revocation hearing for abscounding

My husband was recently picked up in montana and is waiting for extradition back to idaho how trying ti figure out how long it will take before he gets a revocation hearing for absconding his parole

Kevin M Rogers
Kevin M Rogers
answered on Mar 16, 2019

As soon as you are back in Idaho, your next hearing will be your initial arraignment hearing, probably the next day. Your District Court Arraignment will be set in the following 14 days and you will have your District Court Arraignment on your PV. The Court will then set your Admit/Deny Hearing... View More

1 Answer | Asked in Probate for Idaho on
Q: Do I have to sign a disclaimer of interest on my mothers estate/probate in FL? And if I don't what will happen?

My mother passed Nov 8th 2017 without a valid will. My brother hired a probate attorney and insists I have to sign a disclaimer of interest. Matter of fact he has become very verbally abusive over it. He claims everything is his..house, van, all my mothers belongings. My other brother and sister... View More

Michael Hales
Michael Hales
answered on Mar 1, 2018

This is interesting since I'm licensed in Idaho and Florida. Although I haven't done a lot of probate work, it seems that there are a couple of red flags here. I'd recommend having your own attorney review the progress of the case thus far. If you need a referral for an attorney in... View More

1 Answer | Asked in Estate Planning and Probate for Idaho on
Q: If I am listed in a will for a reward of a certain amount of money. Can they pay out less than what is listed?
Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Probate for Idaho on
Q: I nominated a co executor in my husband's probate estate. Can I now revoke this decision at the first hearing?
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 29, 2017

Without seeing ALL the paperwork it is impossible to answer this question. This is a question you should be asking your attorney.

If you are trying to go through probate without an attorney, you are asking for trouble! GET AN ATTORNEY to represent you ASAP and certainly before the first...
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1 Answer | Asked in Probate for Idaho on
Q: Can I revoke my nomination if a coexecutor of my late husband's estate that is in probate due to his not having a will?
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 29, 2017

Your question isn't exactly clear, but if you mean 'do I HAVE to act in my husband's estate' the answer is of course, no. You can simply not ask for or refuse the nomination if you feel that is better, but you should consult with a local probate attorney to insure you know the... View More

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