Idaho Estate Planning Questions & Answers

Q: Do I need a lawyer to file for a partition of property? If I hire one, am I just making a bad situation more worse?

1 Answer | Asked in Contracts, Estate Planning, Foreclosure and Real Estate Law for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
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 you’re doing why don’t you do it yourself? Any lawyer you hire is going to charge you a retainer but I can’t imagine why that would make the situation you find yourself worse.

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
Kenneth V Zichi's answer
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.

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