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Idaho Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Idaho on
Q: A Trust is registered in more than one county in different years. Which one is legal?

One trust is a revocable living trust that became irrevocable in 1997 (QTIP) and 1999. The partitioned portion of the trust for minor beneficiaries was not filed until 2015 as was done so in a different county but within the same state. The 2015 filing states the Trust has not been filed before.... View More

Anthony M. Avery
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answered on Sep 25, 2024

You will need an ID attorney search the titles in both Counties, and read whatever Trust Instruments available. Who is the Trustee? No lawyer can give you competent answers without a proper investigation.

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Idaho on
Q: My dad built a house on someone's else's property he passed, do I have any rights to it,
James L. Arrasmith
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answered on Sep 27, 2024

When your dad built a house on someone else’s property, it complicates matters legally. The key issue here is that the land belongs to someone else, and ownership of a house generally follows ownership of the land it’s built on. Unless there is a specific agreement or legal documentation that... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Idaho on
Q: 2024 United States v. Duarte ruled 2 to 1 stating federal law is unconstitutional. My rights are restored can bear arms

I’m a non violent convicted felon in Idaho but the states constitution explicitly states felons are to not possess a guns is this unconstitutional?

James L. Arrasmith
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answered on Sep 19, 2024

The recent ruling in United States v. Duarte has brought attention to federal gun laws and the constitutionality of certain restrictions. Since your rights have been restored on the federal level, you might believe this ruling would apply to your situation. However, states can still have their own... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: How long to file small claims in Idaho
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2024

An Idaho attorney should advise here, since your question involves procedural law in a specific jurisdiction's state court system. However, your question remains open for three weeks. Until you are able to consult with a local attorney, in most places, the statute of limitations is governed by... View More

1 Answer | Asked in Animal / Dog Law and Collections for Idaho on
Q: Can a debt collector take my dog?

I have a phone call scheduled with a lawyer over a debt collection. He said he's going to ask me what property I own. Will they consider taking my dog?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2024

Legally, yes. A dog is property. As a realistic and practical matter, no. First, a dog has to be fed and sheltered. No creditor is going to take a dog only to have to care for it. Second, the purpose of taking property is to be able to sell it to pay some or all of the judgment. Your dog isn't... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: If a landlord puts in contract after mold was found are they liable for the person getting sick from mold

Was on a lease that never said anything about mold. But then we found mold and after it was taken care of 5 months after found they did a new lease stating they are not responsible for mold

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2024

An Idaho attorney could advise best, but your question remains open for a month. You could try reposting and adding "Landlord-Tenant" as a category. Some questions here do go unanswered, but attorneys who handle L-T matters might have more insight into this than general civil attorneys... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Idaho on
Q: What is the best way to hold title for a "family compound" to prevent non family members from owning in the future?

I would rather not officially split and subdivide the property. I would like to keep the whole piece in tact yet give my kids who would like to build on the property actual ownership. They also do not want to spend money to build without having ownership.

Anthony M. Avery
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answered on Sep 5, 2024

If descendants want to own land then you will have to survey it into multiple tracts. Then hire a very competent lawyer to draft future interest deeds for each tract. Ask him to explain various estates, like: life estate remainder; contingent remainder; executory interests; reverter; and... View More

2 Answers | Asked in Legal Malpractice for Idaho on
Q: Would a lawyer take on a pro bono case to sue my disability law firm for malpractice?

I have been waiting over a year for my disability case and come to find out the disability attorney never refilled after I was denied a year ago and blamed it on SSI saying that they didn't process my application!!

So I filed again on my own and need to fire them.

Joel Gary Selik
Joel Gary Selik
answered on Sep 5, 2024

Many legal malpractice cases are taken on a contingent fee basis; it is not pro bono/free, but it is on a basis of where payment comes out of the recovery.

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1 Answer | Asked in Uncategorized for Idaho on
Q: My freinds mother is in prostitution. If they go to the police would they immediately go to foster care?

She has to other siblings. She is 14. Her 1st half brother has split custody and is 11. The other one is 6 months old

James L. Arrasmith
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answered on Sep 8, 2024

If you go to the police to report your friend's mother being involved in prostitution, the first priority will be to ensure the safety and well-being of your friend and her siblings. The police may involve child protective services (CPS) to assess the situation and determine the best course of... View More

1 Answer | Asked in Uncategorized for Idaho on
Q: What do I need to do to get a power of attorney for financial and medical decisions for someone who has Alzheimers

The person is not capable of understanding any documents or legal details in order to sign a power of attorney and is not cognizant of real time issues. A power of attorney is needed in the state of Idaho for her 2 daughters who reside in Idaho and her husband who resides in California.

James L. Arrasmith
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answered on Sep 14, 2024

To obtain the authority to make financial and medical decisions for someone with Alzheimer's in Idaho, you'll need to pursue legal guardianship or conservatorship through the court system. Since the person is no longer capable of understanding or signing a power of attorney, a standard... View More

2 Answers | Asked in Constitutional Law and Civil Litigation for Idaho on
Q: How do I get an oath to office from judge, court clerk? I am faced with all clerks telling me they don't know what I am
Tim Akpinar
Tim Akpinar
answered on Jul 17, 2024

An Idaho attorney could advise best, but your question remains open for a week. It looks like part of your question may have been cut off. You could add the category of "Government/Administrative Law," but this looks like a matter where someone experienced in the operations of your... View More

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1 Answer | Asked in Foreclosure, Civil Rights and Constitutional Law for Idaho on
Q: how do I file for a audit to be introduced, into my non judical foreclosure ?

I had a Forensic Audit done on my house loan and it shows fraud, gross neglect by attorney and loan officer and servicer fraud that was commited.

James L. Arrasmith
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answered on Jul 21, 2024

To introduce an audit into your non-judicial foreclosure process, start by gathering all documentation related to the forensic audit you've had done. This includes the audit report, any evidence of fraud, and communications with your attorney, loan officer, and servicer. Ensure that this... View More

1 Answer | Asked in Civil Rights for Idaho on
Q: It's about rights restored federally

Hi I'm a prohibited person because of I had a payee on ssi I never seen a judge, I never was committed, and i have no arrest record and never was suspected of a crime I'm 42 now and last 9yrs I don't have a payee is there a way I can get my rights back on federal level I live in... View More

James L. Arrasmith
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answered on Jul 28, 2024

Regaining your rights at the federal level after having a payee on SSI can be a complex process, but it is possible. Since you have not had a payee for the last nine years and have no criminal record or history of being committed, you might be able to have your rights restored.

First,...
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1 Answer | Asked in Real Estate Law for Idaho on
Q: what type of lawyer handles land deeds?

I need to clear a land deed, evidently the only way to do that is to allow it to go up for auction for back taxes and then bid on it myself. I want to find out if this is true, etc.

Anthony M. Avery
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answered on Jul 5, 2024

Hire an ID attorney to search the title and advise how to clear title. If it goes to a tax sale you will need him to get you a deed or make a redemption. Sometimes tax sales do not help you either.

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Rights for Idaho on
Q: So I'm on a piece of property there has been ppl here for 5 years and a few weeks ago there was a county man asking ques

he was asked to leave and he kept asking who was there if they were in campers and he was not answered then a week later the house that my friends had a lease on all sudden there was ppl saying it was condemned and then boreded it up the person with the lease presented the lease they gave her 2... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you're in a difficult situation. The authorities' actions can feel abrupt and confusing, especially when there seems to be a verbal agreement and a lease in play. From your description, it appears the property may have been condemned due to safety concerns, which can lead... View More

1 Answer | Asked in Personal Injury for Idaho on
Q: I'm in the middle of a torque claim and my lawyer withdrew Council how would I go about getting a new one
Tim Akpinar
Tim Akpinar
answered on Jun 24, 2024

An Idaho attorney could advise best, but your question remains open for a week. You could search attorneys on your own, use the "Find a Lawyer" tab above, or the attorney referral sections of local and state bar associations. Good luck

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Q: Is it legal to use screen recorded images of google street view to start an instagram page based around those images?

I want to start an instagram where I showcase outfits people are wearing around the world that I find on google street view and do voice over commentary of the images and recordings.

James L. Arrasmith
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answered on Jun 9, 2024

There are a few potential legal issues to consider with using screen recorded images from Google Street View on an Instagram page:

1. Copyright: Google owns the copyright to the Street View images. Using them without permission, even if you modify them, could potentially be considered...
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1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Idaho on
Q: Experiencing extreme retaliation for exposing fraud on a Judge. I've been a prisoner in my home for over 200 days

Myself & family have been targeted by an organized crime ring by our county. The retaliation has been ongoing for over 200 days and haven't been able to leave my home. I was told "These officials have money to make people like you disappear" These officials include the sheriff, 1... View More

James L. Arrasmith
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answered on Jun 3, 2024

It's deeply troubling to hear about the harassment and threats you and your family are facing. In situations like this, gathering and organizing all your evidence, including videos, documents, and witness statements, is crucial. Make sure everything is documented clearly and stored securely.... View More

1 Answer | Asked in Civil Rights for Idaho on
Q: In the women's prison in idaho they have raw sewage leaking in their dorm what can be done about this?

Raw Sewage has been leaking in their dorm and the warden simply says there is no problem however I know of someone incarcerated there who has asked for help and she was told to shut up and not ask questions or she would be transferred to another facility. The warden will do nothing about this and... View More

James L. Arrasmith
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answered on Jun 3, 2024

To address the issue of raw sewage leaking in the women's prison dorm, you should first document everything you can. Encourage the person incarcerated to take notes, photos, or videos if possible, and gather statements from other inmates who are affected by this problem. This evidence will be... View More

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Juvenile Law for Idaho on
Q: how can i get emancipated in idaho legally without marriage at 17 after parents abuse me

I am a 16 year old in Idaho who is planning to get emancipated in the next year due to constant abuse throughout my life. I cannot get married or join the military. I am going to plan all I need and then ask for consent from my parents if they say no I'll take them to court.

James L. Arrasmith
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answered on Jun 3, 2024

To get emancipated in Idaho, you'll need to prove to the court that you can support yourself financially and that emancipation is in your best interest. First, gather evidence of the abuse and any documentation that shows you are capable of living independently. This might include a job, a... View More

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