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Idaho Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Idaho on
Q: What is the best way to hold title for a "family compound" to prevent non family members from owning in the future?

I would rather not officially split and subdivide the property. I would like to keep the whole piece in tact yet give my kids who would like to build on the property actual ownership. They also do not want to spend money to build without having ownership.

Anthony M. Avery
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answered on Sep 5, 2024

If descendants want to own land then you will have to survey it into multiple tracts. Then hire a very competent lawyer to draft future interest deeds for each tract. Ask him to explain various estates, like: life estate remainder; contingent remainder; executory interests; reverter; and... View More

1 Answer | Asked in Estate Planning for Idaho on
Q: I want to know if I can collect a return on a life insurance policy purchased for me

I am both insured and the beneficiary now but I don't have any of the paperwork I don't know who the agent was I was very young when I was purchased how would I do this?

James L. Arrasmith
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answered on Jan 4, 2024

To collect on a life insurance policy where you are both the insured and the beneficiary, but lack the paperwork, you'll need to embark on a process of discovery to identify the insurance company and policy details. The first step would be to try and recall any information about the purchase... View More

1 Answer | Asked in Banking and Estate Planning for Idaho on
Q: I was made the trustee and the beneficiary of a trust fund 31 years ago by family that never told me anything about it.

The bank also changed the name of the trust slightly knowing I don't have access to the paperwork

T. Augustus Claus
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answered on Jan 2, 2024

If you have been designated as the trustee and beneficiary of a trust fund without being provided information about it for 31 years, it is crucial to take steps to gather details and ensure that your rights and responsibilities are clear. Start by reaching out to the family members who appointed... View More

1 Answer | Asked in Estate Planning for Idaho on
Q: I just learned about something called a conduit policy which is like a life insurance policy that other

Funds or benefits or proceeds can be pulled through. Is it true that you can't ever erase the record of that because it was pulled through life insurance? What would somebody do to recom p whatever was taken from them through this policy and does the insurance company hold any liability for... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the context of a conduit policy in life insurance, it's important to understand that the record of transactions or benefits passed through such a policy typically cannot be erased. This is due to the regulatory requirements in the insurance industry which mandate thorough record-keeping,... View More

1 Answer | Asked in Estate Planning and Public Benefits for Idaho on
Q: If a person is on Disability from Govenment and are due to receive inheritance, how can this be distributed without

losing benefits?

Nina Whitehurst
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answered on Dec 7, 2023

If you are on SSDI, the inheritance will not impact your eligibility. If you are on SSI or some other kind of needs-based program, then you should contact a special needs attorney for assistance with either spending down your inheritance rapidly in smart ways or funding a first party special needs... View More

1 Answer | Asked in Estate Planning and Family Law for Idaho on
Q: A Trust is registered in more than one county in different years. Which one is legal?

One trust is a revocable living trust that became irrevocable in 1997 (QTIP) and 1999. The partitioned portion of the trust for minor beneficiaries was not filed until 2015 as was done so in a different county but within the same state. The 2015 filing states the Trust has not been filed before.... View More

Anthony M. Avery
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answered on Sep 25, 2024

You will need an ID attorney search the titles in both Counties, and read whatever Trust Instruments available. Who is the Trustee? No lawyer can give you competent answers without a proper investigation.

1 Answer | Asked in Estate Planning and Probate for Idaho on
Q: My mom passed and I am on her bank accounts. Do I have to report them to the estate or are they mine?
T. Augustus Claus
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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

1 Answer | Asked in Contracts, Family Law and Estate Planning for Idaho on
Q: Power of Attorney Question

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.

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Estate Planning for Idaho on
Q: I want to change my second named executor of our living trust. Do I have to get a lawyer just to change a name?
Steven J. Fromm
Steven J. Fromm
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.

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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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
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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.... View More

Nina Whitehurst
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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...
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1 Answer | Asked in Estate Planning, Foreclosure, Civil Litigation and Civil Rights for Idaho on
Q: Can you donate your property to a charitable organization in the state of Idaho after the foreclosure process has begun?
Nina Whitehurst
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answered on Aug 19, 2019

You can, but the lender can still foreclose.

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.

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