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Idaho Estate Planning Questions & Answers
1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Idaho on
Q: Which document is necessary to deed a property from father to son and his wife before father's death?

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... Read more »

Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Estate Planning for Idaho on
Q: Im a felon in idaho and my father is dieing can i still be next of kin.
Kevin M Rogers
Kevin M Rogers 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...
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1 Answer | Asked in Estate Planning and Legal Malpractice for Idaho on
Q: The venue where the lawyer practices in CA and I live in Idaho I am hoping to get an opinion/guidance for the following

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... Read more »

Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Estate Planning for Idaho on
Q: My wife's father passed away his home is in montana but he was in Idaho when he died? Which state laws apply.

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.

Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2020

His place of domicile when he died was Idaho, whether or not he happens to own property elsewhere

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Idaho on
Q: 3 siblings have inherited the family home. 2 of them want to sell the property and 1 of them does not and wants to rent

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?

Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Idaho on
Q: We are in the middle of disputes regarding business partnership of 8% and we have been receiving K-1 form every year.

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,... Read more »

Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Idaho on
Q: My uncle inherited millions from my grandmother with she died by changing her will or getting her to change her will.

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.

Kevin A. Hogle
Kevin A. Hogle 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... Read more »

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 Estate Planning for Idaho on
Q: idaho trust, land and LLC and deceased

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.... 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 Contracts and Estate Planning for Idaho on
Q: I want Dad to divide his estate between wife #4 and step-son from wife #2. Will the court be OK with this will?

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.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

If you need to know Idaho law on these important issues, hire an Idaho lawyer.

1 Answer | Asked in Estate Planning, Banking, Federal Crimes and Identity Theft for Idaho on
Q: Ex sterling my trust

What can I do to stop her not as fast as computer

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

Report the theft to the appropriate authorities.

1 Answer | Asked in Contracts, Estate Planning, Foreclosure and Real Estate Law for Idaho on
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?

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... Read more »

Kevin M Rogers
Kevin M Rogers 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Idaho on
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?
Kenneth V Zichi
Kenneth V Zichi 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...
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