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Idaho Questions & Answers
1 Answer | Asked in Estate Planning for Idaho on
Q: My niece and her husband moved into my 82 year old mother’ house. They are going to buy her house and let her live there

If My mother suddenly dies. Do they own her possessions because they are own the house?

Nina Whitehurst
Nina Whitehurst answered on Jan 5, 2020

No, the personal property is not included in the sale UNLESS the purchase and sale contract specifically includes the personal property and the personal property is transferred to them during your mother's lifetime by a Bill of Sale.

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Do all lawyers who deal with real estate know and/or practice contract law?
Tim Akpinar
Tim Akpinar answered on Dec 27, 2019

Yes, for the most part, experienced real estate attorneys need to have a firm grasp of contract law. Handling real estate closings, drafting leases, and handling other property-related transactions heavily involve elements of contract law. Good luck

Tim Akpinar

1 Answer | Asked in Uncategorized for Idaho on
Q: What does "jurisdictions admitted to practice" mean?
Tim Akpinar
Tim Akpinar answered on Dec 24, 2019

It means the attorney is licensed in that jurisdiction (state) to practice law (represent and advise clients and handle other ordinary work as an attorney). When you say "jurisdictions" (in the plural), it means the attorney is admitted in more than one state. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Employment Law for Idaho on
Q: I was terminated due to excessive tardiness one day after signing a contract for an advance on my future paydays

Can my employer withhold any of my final paycheck if I signed a contract expecting future paydays, and can I be terminated for excessive tardiness even though I reasonably expected to have an ongoing employment with the company that I have worked for almost 11 years.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2019

Unless you have an employment agreement--not just an agreement to repay advances--your termination is not unlawful. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any... Read more »

3 Answers | Asked in Immigration Law for Idaho on
Q: I got rejected from my Green Card application because I left the country and came back. Is it possible to reapply?

Hello! Thank you for taking my question. I was in the process of applying for my Green Card on an I-485 visa and I left the country because I had a travel visa that did not expire. I thought that it would've been okay to do because I had a travel visa but unfortunately, my application still got... Read more »

Joshua Joseph Despain
Joshua Joseph Despain answered on Nov 11, 2019

Yes, it's likely that you will be able to apply again. Unfortunately, if you leave the United States while the I-485 is in process, and you don't have advance parole, then USCIS treats your application like you are no longer interested in the green card, and you have to start over. But, the good... Read more »

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1 Answer | Asked in Immigration Law and Adoption for Idaho on
Q: Hi! How do I help my orphaned brother (17 y.o.) immigrate to the US now that I've been granted asylum status? Thanks!

I was just granted asylum and will be applying for a green card next year. However, I worry about my younger brother who is still in my country of origin. He is 17 and he is the only immediate relative that I have there. Since we lost our parents at a young age, I assume that role for him, even... Read more »

Joshua Joseph Despain
Joshua Joseph Despain answered on Nov 7, 2019

Unfortunately, after being granted asylum, you cannot sponsor or petition siblings, only spouses and children. So you would not be able to sponsor your brother directly. You would have to wait until you are a U.S. citizen to directly petition him. Or, he might have another way to come into the... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Idaho on
Q: If someone gives someone meth and gets high with them multiple times Breaks their sobriety.They commit adultery.

Then he stays with wife .tries to be sober. Commits suicide . Can that person be charged ? Adultery ? involuntary manslaughter? Or? Criminally?

Can they be sued? Wrongful death? Alienation of affection ? Or?

Tim Akpinar
Tim Akpinar answered on Nov 3, 2019

I'm very sorry for this tragic situation. An Idaho attorney could answer you best, but your post remains open for three weeks. In terms of the criminal issues, a criminal defense attorney is qualified to address those. In terms of the civil issues, there is usually a requisite element of... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: How can I get an alternative writ of mandate created and served to a prosecutor in idaho

An assault was reported to the police. The victim was obviously assaulted. The police report was given to the prosecutor. The prosecutor chose not to charge the offender with the crime. Offender has a long record of assault on this victim and others. How do I get him charged and punished for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Nov 1, 2019

A Writ of Mandate in Idaho law, is reserved for those for whom a duty is owed by some person in power. It is designed and reserved to enable someone for whom a duty is owed, to require the empowered to do what is "required" of him/her to do.

The Prosecutor does not owe you a duty, first...
Read more »

1 Answer | Asked in Family Law for Idaho on
Q: How would someone transfer guardianship, of an adult, to another person?
Kevin M Rogers
Kevin M Rogers answered on Oct 24, 2019

A "guardianship" is a court-order. So, if you want to get a different guardian you will need to file another Petition for Guardianship, this time seeking a different person.

This is the exact reason that guardianships are superior to DPA's (durable powers of attorney). If all the person...
Read more »

1 Answer | Asked in Business Law and Consumer Law for Idaho on
Q: I am interested in finding how to collect monies from Amazon. Its called-Prime Profit. Please let me know.

The money comes from a tax on Amazon. How do i get a piece of it ?

Kevin M Rogers
Kevin M Rogers answered on Oct 24, 2019

I didn't know that private citizens were entitled to share in a tax imposed upon Amazon? What makes you think that you're entitled to take part of a tax that Amazon has to pay based upon, what? I need a LOT more information before I could give you a very good answer.

1 Answer | Asked in Estate Planning for Idaho on
Q: idaho trust, land and LLC and deceased


A trust was formed and land was put into it.

After this the land was placed in an LLC in 2011, but the Named owner of the LLC is a person (the grantor of the trust), not the trust. In other words the trust does not mention the LLC and the LLC does not mention the trust.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 21, 2019

If you can show that the LLC membership interests are owned by the trust, then you would need the trust instrument in order to properly administer it.

If the LLC membership interest is owned by the decedent, then the first place to look is the LLC operating agreement or perhaps a...
Read more »

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: I need help with filling out and filing custody papers. How would I go about that without being represented?

Can I pay hourly and where do I go?

Kevin M Rogers
Kevin M Rogers answered on Oct 14, 2019

I understand money issues but custody papers and being self-represented do not go together. You can't imagine the difficulty of what you're thinking about doing. I would SO STRONGLY recommend that you ask family to loan you some serious money and hire an excellent attorney who knows the ropes and... Read more »

1 Answer | Asked in Child Custody for Idaho on
Q: Is there a legal service in boise area I can sit down and have my custody papers explained to me.
Kevin M Rogers
Kevin M Rogers answered on Oct 14, 2019

2399 S. Orchard St., Ste. 204

Boise, Idaho 83705

Law Offices of Kevin M. Rogers

Attorney at Law

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Can I sue a storage company for giving me bedbugs?

I was storing my bed, couch, everything, for about 4 months and when I moved my stuff back into my apartment, I found out I had gotten bed bugs from them. Prior to them storing my belongings, I had paid the extra amount for “storage insurance” meaning if any of my belongings had become damaged... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 30, 2019

These tend to be tough cases. The problem is that it could be costly to establish the source of the bedbugs. Plaintiffs in these cases can be confronted with the argument that the source could be any number of places. You could consult with an Idaho attorney to get a better idea of the viability... Read more »

1 Answer | Asked in Medical Malpractice for Idaho on
Q: How to find a true Medical Malpractice attorney for injury in Nevada by dr, I moved out of state.
Tim Akpinar
Tim Akpinar answered on Sep 25, 2019

You could go to the Find-a-Lawyer tab above and look through attorneys on this site, you could conduct independent searches of your own, or you could try the resources of the State Bar of Nevada. Good luck

Tim Akpinar

1 Answer | Asked in Adoption and Family Law for Idaho on
Q: Is it possible to file to have parental rights removed of a parent if the people who are adopting are not married

I am then natural mother and looking to removed the rights of the natural father, However, I am not married to who would be adopting them. What are my options

Kevin M Rogers
Kevin M Rogers answered on Sep 18, 2019

I'm sorry but it is not possible in the State of Idaho right now. The State of Idaho has a pecuniary interest in NOT terminating a natural parent's rights. Why? Because the State of Idaho taxpayers will ultimately have to pay for any social services that you receive as the unmarried parent of... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: We recently went to court for an eviction. We were told by our property manager that we have to represent ourselves.

We have a signed document from the judge stating that a specific third party organization will pay us September rent for our tenant, made payable to my husband and I, mailed to our house post mark dated by the 13th. If this was not followed it was grounds for an immediate writ of execution. We just... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 13, 2019

This is not true. You have the right to have legal counsel and I recommend you do! The ONLY legal actions I can think of in which you must represent yourself are if they sued you for back rent in small claims court and ?

1 Answer | Asked in DUI / DWI for Idaho on
Q: How many times can a officer make you take a breathalyzer

If stopped and asked to take a breathalyzer and I do my numbers are under the legal limit. Can they make me take it again?

William Jaksa
William Jaksa answered on Sep 9, 2019

Yes. Many jurisdictions allow or require officers to re-administer the test again. The officer will need to justify in court why they needed to re-administer the test, which may call into question the officer's ability or indicate another problem. In my jurisdiction, officers are required to take... Read more »

2 Answers | Asked in Tax Law for Idaho on
Q: Husband is in prison for 4 years how do I file taxes?

My husband has a child with his ex. We filed together this past tax year he recently got sentenced to 4 years. We have 3 kids of our own and obvisouly I'm the only one providing how would I go about filing with out having my money going to child support. Also child support has stopped but he also... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

If I understand your question, you and your husband have three (3) children of your own and your husband is the father of another child. Do you have custody of that child as well? And I am also understanding that your husband is not paying CS because he is in prison. Am I correct? If you don't... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My wife cheated on me but i can’t prove penetration. Will i have any chance of keeping house and getting 50/50 custody?

My daughter is 2 years old. We bought the house 2 months after marriage.

Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

In Idaho, irreconcilable differences gets the job done without the drama of proving guilt, which it sounds like you weren't there as the act was happening, so you can't prove guilt anyway. So, you CAN prove that you two no longer get along and that you want a divorce. ThE THING that generally... Read more »

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