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Idaho Questions & Answers
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 Divorce, Legal Malpractice and Family Law for Idaho on
Q: What can I do if I have legal fees incurred after my attorney failed to have a document notarized?

It was the agreement of the division of assets and debts in a contested divorce. We had successfully mediated the parenting plan, child support, custody, etc. But months later we sat down with our respective attorneys and came to a consensus and signed an agreement which was counter signed by both... View More

Ian Robert Reardon
Ian Robert Reardon
answered on Oct 13, 2023

I would consider contacting an attorney who deals with "legal malpractice." You might need to alter your google search because a lot of attorneys who do "medical malpractice" will come up. Maybe try something like "how to sue your attorney." All attorneys have... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Is it legal for an RV campground to ask for a doctors note if a person can’t make their reservation due to surgery?

My niece made a reservation at an RV park last April for a camping spot for September 29-October 1. She paid the camping fee of $130. In September, I was told that I needed to have surgery on my shoulder as soon as they could get it scheduled. I told my niece on September 13 that I was not... View More

James L. Arrasmith
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answered on Nov 9, 2023

Based on the facts provided, it does not appear legal under Idaho law for the RV campground to require you to provide a doctor's note in order to receive a refund for the camping reservation.

In Idaho, there is no specific statute governing refund policies for recreational campgrounds....
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1 Answer | Asked in Consumer Law for Idaho on
Q: Can you get a garnishment judgment without knowing you had a debt from over seven years ago in idaho
T. Augustus Claus
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answered on Sep 28, 2023

In Idaho, as in many states, a creditor generally has to obtain a judgment before garnishing your wages. If a debt is over seven years old, it might be past the statute of limitations, but this can vary. If you weren't aware of the debt or the judgment, you may have options to challenge it.

1 Answer | Asked in Communications Law for Idaho on
Q: Can a company record customers calls without the callers consent or letting the caller know they are recording
T. Augustus Claus
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answered on Sep 22, 2023

In Idaho, it is generally legal for a company to record customer calls as long as one party to the conversation is aware of the recording. This is known as "one-party consent," and it means that the company can record the call without informing the customer. However, it's a best... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: can you have a "family" member move your property from your rental after being served a 72 hour eviction notice in idaho
T. Augustus Claus
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answered on Sep 18, 2023

In Idaho, if you've received a 72-hour eviction notice, it signifies that you are facing eviction from your rental property. During this process, you typically have the responsibility to remove your personal property from the premises. While you can have a "family" member or someone... View More

1 Answer | Asked in Contracts and Communications Law for Idaho on
Q: Wireless providers suspending service then charging you for a dead horse

Contract Law 101 pacifically states to have a binding contract you must have;

2 people who both have something of value & are willing to exchange it Top 2 wireless providers that require a contract, if your monthly payment is not met your service is suspended/shut off. BUT continue to... View More

John Michael Frick
John Michael Frick
answered on Sep 12, 2023

One party’s breach of a contract (for example, the failure to pay for a service) relieves the other party of its duty to perform (provide further service) until the breaching party cures his default (pays his bill). Again, basic contract law 101.

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

1 Answer | Asked in Immigration Law for Idaho on
Q: Would I be banned from re entry into united Kingdom if I left voluntarily within 30 days of visa expiring but they payed

They payed for my departure and money to restart my life in america. But now I'm married to an English man. He's going back. I'd like to go back. But would I be able? Or am I surely banned?

James L. Arrasmith
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answered on Sep 10, 2023

The UK's immigration rules dictate that if you have breached immigration laws but leave the UK voluntarily at the expense of the UK government, you might face a re-entry ban of up to 2 years, or even up to 5 years in certain circumstances. However, since you left before your visa expired and... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Idaho on
Q: Human rights in space

In the distant future when corporations have made a step in space travel, and establishing colonies on distant planets - Would those companies have free rule over that colony? Would they be required to follow human rights laws, despite being outside of the jurisdiction of Earth? Or would they have... View More

James L. Arrasmith
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answered on Sep 11, 2023

As space colonization moves from the realm of science fiction to potential reality, the question of how human rights will be upheld in extraterrestrial environments indeed becomes a pertinent and critical issue. As of now, the legal landscape governing space and celestial bodies is dictated... View More

1 Answer | Asked in Employment Law for Idaho on
Q: In 2012, I pled guilty to forgery. No convictions since. Now I want to work for the govt. Can I pass a background check?

This was and is in Idaho.

T. Augustus Claus
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answered on Sep 4, 2023

Whether you can pass a background check for government employment in Idaho will depend on several factors. Forgery is a serious criminal offense, and government agencies often conduct thorough background checks to assess an applicant's suitability for a particular role. The key factors... View More

1 Answer | Asked in Employment Law for Idaho on
Q: Private school admin has stated that it is school policy that employees are not permitted to discuss wages.

School is private, church owned school in Idaho

T. Augustus Claus
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answered on Aug 14, 2023

In the United States, including Idaho, there is no federal law that specifically prohibits employees from discussing their wages with each other. In fact, the National Labor Relations Act (NLRA) protects employees' rights to engage in "concerted activities" related to their terms and... View More

1 Answer | Asked in Gov & Administrative Law for Idaho on
Q: Are "SE" (Specialized Equipment) Plated vehicles in California subject to the financial responsibility limits?
T. Augustus Claus
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answered on Aug 8, 2023

Specialized Equipment (SE) plates in California are typically issued to vehicles that have unique purposes and uses, such as construction equipment, cranes, farm equipment, and other specialized vehicles. These plates often indicate that the vehicle is not designed for regular use on public roads.... View More

1 Answer | Asked in Collections for Idaho on
Q: Should I pay interest when trying to pay a debt collection in full on overdrawn bank account from June 2020?

I have a collection account from an overdrafted bank account and the balance shown on my credit report is what I assumed I would pay however the collection agency says there's almost $400 in interest to pay it in full. Since it wasn't a loan with a preset interest rate should I still have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 7, 2023

In most states, prejudgment interest accrues as a matter of law on an unpaid balance. Whether this is true for Idaho, I don't know. You'd have to check Idaho law.

1 Answer | Asked in Divorce, Civil Litigation and Family Law for Idaho on
Q: I'm a disabled woman with an income of less than $1000. per month. My husband makes $6000 and cut his money off.

I need to know what my legal rights are. I can't afford a divorce although I have to have some kind of legal separation. What am I entitled to? He had his check rerouted.

T. Augustus Claus
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answered on Jul 6, 2023

Divorce and legal separation involve the division of marital assets, spousal support, and other related matters. If you're unable to afford a divorce, you may be eligible for assistance programs or legal aid services that can help you navigate the process. You may be entitled to a fair... View More

1 Answer | Asked in Contracts, Family Law and Estate Planning for Idaho on
Q: Power of Attorney Question

Hopefully I can explain this so it's able to be understood. If I give my husband POA over me, and someone besides myself has power of attorney over him, can the POA over him do anything involving me to "override" him? Like concerning bank accounts and similar things.

John Michael Frick
John Michael Frick
answered on Jul 6, 2023

Unless you give your husband the power to delegate the authority you are giving to him to someone else in your power of attorney, any person to whom your husband may give a power of attorney does not have authority to act on your behalf under the power of attorney you give to your husband.... View More

1 Answer | Asked in Criminal Law, Workers' Compensation and Civil Rights for Idaho on
Q: Service dog access denied! I was kicked out with my service dog, they didnt want to check my docs, can I file charges?

Im an employee of the Sun Valley Resort, I went to hang out with my friends at common area of the employee dorms with my service dog, when, after sitting inside for a while, the security person came and told me that the dog cannot be inside, I told him that it's a service animal and that I can... View More

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

An Idaho attorney could advise best, but your question remains open for three weeks. This doesn't look like a workers' comp or criminal law matter, and there wasn't a response from the Civil Rights practitioners. Questions sometimes remain unanswered, but at this point, you could try... View More

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: what if I cannot produce evidence asked for in discovery

I'm at interogatory part of divorce. I've also run out of money to continue. I've answered ??? to the best of my ability but I cannot produce all the things the other side wants. In addition I'm in assisted living following an incomple sci and TBI....I cannot walk or drive....I... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

Almost all credit card and bank statements are available online to the account holder. If you haven't already signed up, you can do so at any time. Most such companies make your statements available to you in a manner that allows you to download them to a computer in a .pdf file. There is... View More

1 Answer | Asked in Patents (Intellectual Property) for Idaho on
Q: We ordered these from alibaba for our Amazon fba buisness. I’m wondering if there’s a way we can still sell on amazon.

We ordered them and didn’t know they were patented. Is there a way we can change them to still sell them?

James L. Arrasmith
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answered on Jun 18, 2023

If you have ordered a product from Alibaba and later discovered that it is patented, you may not be able to sell the product on Amazon without infringing on the patent holder's rights. Patent law grants the patent holder the exclusive right to make, use, and sell the patented invention for a... View More

1 Answer | Asked in Immigration Law for Idaho on
Q: Will I face any issues or questions at the immigration/immigration office?

I am planning to travel to India, and I have a question regarding my return to the USA. I currently have an employer but don't have any clients. Could you kindly inform me if there might be any potential issues I could face in this situation during immigration? Will they ask any questions at... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Jun 6, 2023

It depends on what status you have in the U.S. If you are a U.S. citizen or U.S. permanent resident, you will have no problem coming back to the U.S. with your U.S. passport or green card. If you have H-1B worker status or F-1 student status, you can also travel, but you may need to apply for an... View More

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