Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
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.
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
answered on Jun 5, 2021
Yes, you should have a simple addendum or amendment to the trust to document this change. Do not do this on your own or cross out the first name and add in the second name.
I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?
Also, my last name has changed (I recently married) and my... View More
answered on Jan 28, 2021
Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and... View More
answered on Nov 17, 2020
Hello,
You are either "next of kin" or you're not. It has nothing to do with where you are physically or legally right now. If you were in prison, you would still be "next of kin." If you were across the world, you'd still be "next of kin." The... View More
I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.
Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.
The interview was to be free as is... View More
answered on Sep 23, 2020
A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... View More
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.
answered on Sep 10, 2020
His place of domicile when he died was Idaho, whether or not he happens to own property elsewhere
out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?
answered on Sep 10, 2020
Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... View More
We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020,... View More
answered on Apr 28, 2020
I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This... View More
My father didn’t want to do anything about it when she died less than 10 years ago.
My uncle just died in California. What are my and my two brothers’ and possibly my father’s legal options in regards to that inheritance? We live in Idaho.
answered on Jan 25, 2020
Your uncle's estate will likely be distributed according to his own estate plan, as opposed to your grandmother's. If your uncle has no trust or last will (his "estate plan"), his assets will be distributed according to a table of consanguinity. That table basically looks at... View More
If My mother suddenly dies. Do they own her possessions because they are own the house?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Idaho
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.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2019
You can, but the lender can still foreclose.
I do not need/want any part of Dad's estate. Does Idaho law refuse estate being passed to a non-blood family member over me, his natural child? Does Idaho law allow current wife to receive 50% of his estate? Dad is a healthy 92 year old but we need to know the facts of Idaho estate laws.
answered on Jun 5, 2019
If you need to know Idaho law on these important issues, hire an Idaho lawyer.
My mother had bad credit. I had excellent credit. She said it would be good for my credit and my future if we bought a house together while I went to school full time and paid my loans as a I went. This is in Idaho. She was the primary owner and she paid the mortgage, as she promised. I gave her... View More
answered on Oct 10, 2018
Why don’t you ask your mother to quit claim her interest in the property to you? Partitioning this property won’t answer the question of what money you might owe to your mother? As for your question, this is not a difficult situation for an experienced attorney to handle, and if you know what... View More
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... View More
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.
