Idaho Questions & Answers by Practice Area

Idaho Questions & Answers

Q: How much does it cost to form an LLC?

2 Answers | Asked in Business Formation for Idaho on
Answered on Dec 15, 2017

It costs $100 and can be done through the Idaho Secretary of State's website.
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Q: What are the benefits of creating a company as opposed to doing business as an individual?

1 Answer | Asked in Business Law for Idaho on
Answered on Dec 15, 2017

This is a great question and one I am addressing in my business law class right now. Although about 60% of businesses in Idaho operate as sole proprietorships, there can be a great benefit in operating as an entity. The primary reason tends to be that you can limit some liabilities if you operate under some business entity form. The preferred entity among most Idaho attorneys is the limited liability company (LLC) because it can protect personal assets, although these protections are somewhat...
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Q: Is content individuals post on social media sites copyrighted?

1 Answer | Asked in Copyright for Idaho on
Answered on Dec 15, 2017

I was recently addressing this very issue in my business law class. The short answer is yes, anytime content is put down in a tangible medium, including social media, it receives copyright protections. The interesting twist is that some social media sites have tried to claim that they hold the copyright for content posted on their sites, but some have backed down from this position.
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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?

1 Answer | Asked in Estate Planning and Probate for Idaho on
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 beneficiaries, etc.

Seek local legal help to analyze your specific situation as state laws vary about what is considered 'priority' etc.

-- This answer is offered for informational purposes...
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Q: If I have a lot of monthly retirement income from my 401K, does that disqualify me for receiving social security

1 Answer | Asked in Social Security for Idaho on
Answered on Dec 11, 2017

No, it doesn't. There are, of course, exceptions like if you're talking about some forms of Social Security Disability.
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Q: If I register an official trademark, how long does that last for?

1 Answer | Asked in Trademark for Idaho on
Answered on Dec 11, 2017

Trademarks last forever, assuming they meet all necessary criteria.
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Q: I'm the victim of domestic violence/strangulation and with minors present, can I drop the charges and set the abuser fr

1 Answer | Asked in Criminal Law and Immigration Law for Idaho on
Answered on Nov 21, 2017

This is a question for a criminal defense attorney, and I would seek a consultation with a one as soon as possible. But the prosecutor cannot have your children taken away if you refuse to testify. That can only be decided by a judge.

If there were signs of physical injury, the prosecutor can bring charges without your cooperation.

If you have follow up immigration questions, please let me know. Victims of crimes can qualify for immigration benefits, but only if they are...
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Q: I nominated a co executor in my husband's probate estate. Can I now revoke this decision at the first hearing?

1 Answer | Asked in Probate for Idaho on
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 hearing!

Seriously, you cannot afford to NOT have an attorney -- the cost will more than pay for itself in peace of mind, not to mention an attorney can help you minimize costs! Get an attorney...
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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?

1 Answer | Asked in Probate for Idaho on
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 ramifications of acting or not acting.

There is no one 'right' answer about what you should do, and the facts matter -- seek local help!

-- This answer is offered for informational purposes only and does...
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Q: If u bring every bit of knowledge for biz and partners put up the money. Ur the one with the intellectual prop right?

1 Answer | Asked in Intellectual Property for Idaho on
Answered on Oct 25, 2017

The partner that contributes intellectual property to a business does not necessarily own the intellectual property. An attorney would need to review the partnership agreement to determine who owns the intellectual property. Although, business contacts, supplier relationships, and business structure are likely not protected by intellectual property rights.
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Q: can a person with no amercian citizenship visit a incarcerated?

1 Answer | Asked in Family Law, Immigration Law and Criminal Law for Idaho on
Answered on Sep 28, 2017

That's going to depend on what identification documents the prison will accept. Call the prison where your boyfriend is being held and ask them what forms of ID would be accepted for visits. A foreign passport should be sufficient for them.
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Q: There is a company in idaho that handles communications for inmates currently incarcerated, they breach their terms

1 Answer | Asked in Consumer Law, Products Liability, Tax Law and Banking for Idaho on
Answered on Sep 11, 2017

Contact the Idaho Civil Liberties Union and ask if they have a prison rights division --this has been litigated.

Depending on charges, you may find it easier to get your family or whoever you call an 800 number so you can call free.
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Q: why can't I get an official patent award for this patent 20050185327

1 Answer | Asked in Intellectual Property for Idaho on
Answered on Aug 30, 2017

This is an issued patent # 7312950. It is expired since the maintenance fees were not paid. You should be able to download the patent by looking up this number. Good luck.
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Q: Can I apply for asylum if I change my religion while in the United States

1 Answer | Asked in Immigration Law for Idaho on
Answered on Aug 22, 2017

Yes. You will not need to worry about the one year deadline because of a change of circumstances, and because you are in current lawful status. Consult an immigration lawyer for specific direction based on your specific case.
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Q: Am I at fault if a car hits me, and then I hit the car in front of me?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Jul 21, 2017

Your fault (if any) depends on the particular facts and circumstances. If you were stopped or driving at a safe distance from the vehicle in front of you, there would not appear to be fault assessed against you. The driver behind you may claim that you stopped short or abruptly. You should consult with a local personal injury attorney about your respective rights and appropriate courses of action. Good luck.
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Q: What is adjustment of status?

1 Answer | Asked in Immigration Law for Idaho on
Answered on Jun 23, 2017

Adjustment of status is when a non-immigrant visa holder "adjusts status" to that of a legal permanent resident, or green card holder. An example would be a student visa holder marrying a U.S. citizen and "adjusting status" to that of a legal permanent resident green card holder, based on their marriage to a U.S. citizen. Adjustment of status is not to be confused with a "change of status" which is when a non-immigrant visa holder changes status to that of another non-immigrant visa. In other...
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Q: My dad was involved in a work accident where his boss and him got drunk and my dad later went back to work drunk and

1 Answer | Asked in Personal Injury, Criminal Law and Workers' Compensation for Idaho on
Answered on Jun 9, 2017

Probably way too late. However he can get his comp. Criminal and civil statutes of limitation.
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Q: is posting an article from another webpage with a link to that page, copyright infringement?

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Answered on Apr 26, 2017

Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a reasonable settlement number or what courts have awarded in the past, you'd have to provide more information about the nature and circumstances of the infringement.

If the work was not registered with...
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Q: If you file for bankruptcy is that info available to the public?

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Apr 24, 2017

Yes. It is public record that you have filed. Anyone with a pacer account or who wants to go to the courthouse can view not only the fact that you filed but your schedules as well. Bankruptcy filings are not typically reported in your local paper (you can check and see) unless you are famous or infamous. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: Is the local police force in my town required to work with ICE?

2 Answers | Asked in Immigration Law for Idaho on
Answered on Apr 20, 2017

Local law enforcement can choose to work with ICE, but they can also choose not to. States and municipalities do not have any obligation to enforce federal laws, including immigration enforcement. It will depend on your local law enforcement's policy.
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