Idaho Probate Questions & Answers

Q: How long does it take to get a revocation hearing for abscounding

1 Answer | Asked in Criminal Law and Probate for Idaho on
Answered on Mar 16, 2019
Kevin M Rogers' answer
As soon as you are back in Idaho, your next hearing will be your initial arraignment hearing, probably the next day. Your District Court Arraignment will be set in the following 14 days and you will have your District Court Arraignment on your PV. The Court will then set your Admit/Deny Hearing about six (6) later. The soonest you could get in front of the District Court to admit your absconding allegation would be up to your lawyer to let the Clerk know that you do NOT intend to have a...

Q: Do I have to sign a disclaimer of interest on my mothers estate/probate in FL? And if I don't what will happen?

1 Answer | Asked in Probate for Idaho on
Answered on Mar 1, 2018
Michael Hales' answer
This is interesting since I'm licensed in Idaho and Florida. Although I haven't done a lot of probate work, it seems that there are a couple of red flags here. I'd recommend having your own attorney review the progress of the case thus far. If you need a referral for an attorney in Florida, let me know.

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.

-- This answer is offered for informational purposes...

Q: I nominated a co executor in my husband's probate estate. Can I now revoke this decision at the first hearing?

1 Answer | Asked in Probate for Idaho on
Answered on Oct 29, 2017
Kenneth V Zichi's answer
Without seeing ALL the paperwork it is impossible to answer this question. This is a question you should be asking your attorney.

If you are trying to go through probate without an attorney, you are asking for trouble! GET AN ATTORNEY to represent you ASAP and certainly before the first hearing!

Seriously, you cannot afford to NOT have an attorney -- the cost will more than pay for itself in peace of mind, not to mention an attorney can help you minimize costs! Get an attorney...

Q: Can I revoke my nomination if a coexecutor of my late husband's estate that is in probate due to his not having a will?

1 Answer | Asked in Probate for Idaho on
Answered on Oct 29, 2017
Kenneth V Zichi's answer
Your question isn't exactly clear, but if you mean 'do I HAVE to act in my husband's estate' the answer is of course, no. You can simply not ask for or refuse the nomination if you feel that is better, but you should consult with a local probate attorney to insure you know the ramifications of acting or not acting.

There is no one 'right' answer about what you should do, and the facts matter -- seek local help!

-- This answer is offered for informational purposes only and does...

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