Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Idaho Questions & Answers
1 Answer | Asked in Estate Planning for Idaho on
Q: My wife's father passed away his home is in montana but he was in Idaho when he died? Which state laws apply.

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.

Kevin M Rogers
Kevin M Rogers
answered on Sep 10, 2020

His place of domicile when he died was Idaho, whether or not he happens to own property elsewhere

1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Civil Rights for Idaho on
Q: A no trespass was put on me since then I've been invited over several times.has this no trespass been abolished?

It was placed on me by a girl friend who resides at the home with her mom.who both take care of the home owned by a mutual friend.mom is 57 girl friend 37.bannock county,

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

You're an invited guest. Your "permission" my be fluid, so don't push it. There's no such thing as abolishing permission revoked. It may be given and taken away fluidly. Be careful!

1 Answer | Asked in DUI / DWI for Idaho on
Q: I would like to file a motion to suppress blood draw evidence for illegal stop. I had been driving for less than a block

I did not swerve, forget a signal, speed or do anything illegal. They stopped me because I told my ex I was feeling suicidal. They immediately told me to get out of the car. I told them I was okay and just wanted to go out for lunch and was going to call the crisis line after I ate. They asked if... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 7, 2020

You can file a Motion to Suppress evidence. However, the "reason" you were pulled over you explained, was your ex apparently called 911 and explained that you were suicidal? That call gave officers "reasonable suspicion" that "if located while driving," your condition... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Son was arrested on supervised parole for possession of a controlled substance, he resided with us his parents.

Does his parole officer still have authority to enter the residence and do a search while he is in jail?

Kevin M Rogers
Kevin M Rogers
answered on Sep 3, 2020

Probation officers are given about 90% of your son's 4th Amendment rights, while he is on probation. If you son had been at home, the P.O. would have been able to come right in, after ringing the door bell of course. They have the right to search his room plus any "common area."... View More

1 Answer | Asked in Family Law for Idaho on
Q: We have a Family Trust - my mother is the sole owner. 4 siblings. Who legally makes the financial decisions?
Kevin M Rogers
Kevin M Rogers
answered on Sep 10, 2020

Your mother is the "sole owner" of what? The Trust? The real property?

1 Answer | Asked in Civil Rights for Idaho on
Q: My husband is in the Bingham County Jail in Blackfoot Idaho he is an illegal immigrant he has been served with papers

with a notice of service of interrogatories and request for production and request for admissions for his money in the amount of $20,100 he is unable to read English and send me the papers but by the time I got it the 30 days have been passed can we appeal this decision and how? Is it unfair... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 1, 2020

Yes, you can call the person whose name is on the notice you received. Ask them for additional time. They should grant you additional time to fill out the Interrogatories to him. They will typically request a "fee" of a percentage or a dollar amount in order to allow your husband to... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: My mom died and I own property with her. Do I have to have someone assigned to be her representative?

We are in litigation with a man over the property and entered into a mediation agreement. My siblings don't want anything to do with probate and it is mine and my mother's name on the property. She didn't leave a will she just put each person's name on each account or property... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2020

Most likely the lawyer wants an Administration of her Estate by a Personal Representative. Mother is dead so noone can represent her. If possible get an Affidavit of Heirship executed as the source of title, then get your siblings to execute a Quit Claim Deed to you. But your Mother's... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: How or can he apply for bail? Is the ada country jail being shut down due to covid?

My friend had 3 bench warrants for probation violations. He is in jail and says he is not bailable. Has had couple video hearings but says he does not understand what’s going on.

Kevin M Rogers
Kevin M Rogers
answered on Aug 31, 2020

It's a governor's prerogative to use his executive powers during a pandemic to manage risk to the citizens he's charged with protecting. It's going to be very interesting to see if the executive's authority exceeds the constitution's guarantee of DUE PROCESS to all... View More

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My ex won’t give me an address to serve him custody papers. What do I do?
Kevin M Rogers
Kevin M Rogers
answered on Aug 29, 2020

Several ways. First does ex have a lawyer? The Rules say that service on the lawyer IS service to your ex; second, if you know what state and city he lives in, your attorney can draft a motion for publication of Summons and if approved by the court, your papers will be deemed "served"... View More

1 Answer | Asked in Animal / Dog Law for Idaho on
Q: If someone tells you the puppies they are selling come from papered parents and the parents really aren’t papered is it

Illegal and can they get in trouble?

Kevin M Rogers
Kevin M Rogers
answered on Aug 26, 2020

Yes they can. At a minimum your sale, if you purchased a puppy under false pretenses, will be voided and the seller will have to refund your money. At worst, the seller is possibly guilty of "fraud." Fraud is serious. It requires you to prove that the seller 1. Made a statement which... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Idaho on
Q: nephew was just born taken into Idaho custody both parents are users. They now want to sign there rights to me can they?

I live in California and this is happening in Idaho. I know different states different laws. But she's been a drug user the entire pregnancy. My brother isn't no better and actually called CPS himself on her and has made reports and so have I. Well i was contacted by a case workwr... View More

Shawna Murray
Shawna Murray
answered on Aug 22, 2020

I recommend that you post your question in the Idaho forum since that is where the child is located. I wish you and the child the best of luck!

View More Answers

1 Answer | Asked in Business Law for Idaho on
Q: Can we break contract with our HOA property mgmt for (again) failing to submit our annual report with Secretary of State

The company that we as a community wanted to fire last year, got us on contract again thanks to failure to act by our Board. They have again failed to file our annual report with the Idaho Secretary of State, thus administratively dissolving our HOA.

Kevin M Rogers
Kevin M Rogers
answered on Aug 20, 2020

An HOA contract is just that, a contract. The HOA is a selected (or elected) group of home owners who act on behalf of the entire plat of homes. If you have a copy of the contract please read it carefully. It will dictate how and when a home owner(s) may dissolve the board. Unless the contract... View More

1 Answer | Asked in Family Law for Idaho on
Q: I signed the affidavit of paternity under the influence of pain medication after birth, can I withdrawal my signature

I was intoxicated on prescription pain medication from after birth pain ifell asleep a few times on the way to sign the acknowledgment. On top that I didn’t really understand the paper at all. Can I withdrawal my signature? My child’s father was going to break up with me and kick me out if... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 20, 2020

Did you know where you were when you signed the acknowledgment?

Did you sign with your own pen?

What medication were you taking?

What was your recommended dose?

What time are you supposed to take it?

What time did you actually take it?

Why would you...
View More

1 Answer | Asked in Criminal Law, Personal Injury and Traffic Tickets for Idaho on
Q: What is the law In Idaho regarding Vehicular assault?
Kevin M Rogers
Kevin M Rogers
answered on Aug 20, 2020

Idaho doesn't have such a statute. An "assault" is the reasonable fear of a "battery." A "battery" is an "unlawful touching." If you touch another person against their will, you may be charged with "battery." If you use an automobile to... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: if a deed has three people listed on it. Two at 25% one at 50%. Can the one residing in the home take it all

Or can one make them buy out their interest?

Kevin M Rogers
Kevin M Rogers
answered on Aug 13, 2020

The answer to your direct question is "NO" just because one of three owners holds a greater share of the property ownership doesn't give them the "right" to "take it all." Further, these types of disputes are fairly typical and the parties need to communicate... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Idaho on
Q: What is Idaho law re: policy change to already existing employee handbook?

I am a waitress in Idaho & have been employed at my current job for a year & 1/2. I change my hair color frequently & the word is that the owners mother wants to implement a new policy regarding dying your hair. Obviously, I don’t want to stop dying my hair. So, I am curious as to how... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 24, 2020

Any changes to the policy manual affect current and new employees. You're bound by it.

1 Answer | Asked in Civil Litigation for Idaho on
Q: Does this mean no Motion for Summary Judgement will be allowed by either party?

I am the Plaintiff. My attorney cancelled mediation and told me the court required a Motion for Summary Judgement must be filed. The Defendant filed an MSJ before my attorney. At a Motion to Continue hearing the result was an Order "to Vacate and Mediate".

Two hearings set for... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 13, 2020

It is difficult to second-guess attorneys or their strategies. Since the Rules of Evidence and Procedure to not allow for "trial by ambush," all trial exhibits and evidence intended to be used by either side must be disclosed some months before trial. Having received a list of this... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Idaho on
Q: married adult living with parents, can the father force child’s spouse to leave the property

let me rephrase and add some detail. my hubs+2sons have been living w/my in-laws since Mar. i receive mail at the address but sleep somewhere else due to PO rules. there’s a verbal agreement between hub and FIL but no lease. we help with housework and groceries. FIL has threatened to call... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 20, 2020

Yes. Father is the "homeowner" and the spouse is a "guest" and so is daughter, so be nice!

1 Answer | Asked in Consumer Law for Idaho on
Q: MEDICAL DEBT FOR 4K IN IDAHO. 10 YRS LATER STILL RESUING ME OVER AND OVER. I DIDNT KNOW IN 16 AND WON FEES NOW AGAIN 10K

medical recovery debt hired a lawyer and keeps suing me for crazy amount in fees. 10k 10 years later

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

A money judgment in Idaho must be renewed every five (5) years and then can only be renewed 3 times. If the creditor continues to try and collect, see if they have renewed their money judgment. If they've renewed it correctly, then it looks like you're only a few years from outliving... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: Why is it legal for a trustee to drop your case ( dismissing) returning my debt, and still take your assets?

Bankruptcy chapter 7 if my lawyer never responded to the trustee seeing me for my taxes and is now taking away an assets is there a way to stop them? What are my legal right in this case? Can I try to negotiate two cars for the asset I’m loosing (trailer). Or what is the proses of rebuying the... View More

Timothy Denison
Timothy Denison
answered on Aug 6, 2020

See answer to previous question.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.