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Idaho Questions & Answers
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 Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Idaho on
Q: Human rights in space

In the distant future when corporations have made a step in space travel, and establishing colonies on distant planets - Would those companies have free rule over that colony? Would they be required to follow human rights laws, despite being outside of the jurisdiction of Earth? Or would they have... View More

James L. Arrasmith
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answered on Sep 11, 2023

As space colonization moves from the realm of science fiction to potential reality, the question of how human rights will be upheld in extraterrestrial environments indeed becomes a pertinent and critical issue. As of now, the legal landscape governing space and celestial bodies is dictated... View More

1 Answer | Asked in Immigration Law for Idaho on
Q: Would I be banned from re entry into united Kingdom if I left voluntarily within 30 days of visa expiring but they payed

They payed for my departure and money to restart my life in america. But now I'm married to an English man. He's going back. I'd like to go back. But would I be able? Or am I surely banned?

James L. Arrasmith
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answered on Sep 10, 2023

The UK's immigration rules dictate that if you have breached immigration laws but leave the UK voluntarily at the expense of the UK government, you might face a re-entry ban of up to 2 years, or even up to 5 years in certain circumstances. However, since you left before your visa expired and... View More

1 Answer | Asked in Employment Law for Idaho on
Q: In 2012, I pled guilty to forgery. No convictions since. Now I want to work for the govt. Can I pass a background check?

This was and is in Idaho.

T. Augustus Claus
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answered on Sep 4, 2023

Whether you can pass a background check for government employment in Idaho will depend on several factors. Forgery is a serious criminal offense, and government agencies often conduct thorough background checks to assess an applicant's suitability for a particular role. The key factors... View More

2 Answers | Asked in Probate and Social Security for Idaho on
Q: Can a conservatorship use a minor conservatee's money to make mortgage payments on their house?

Then when the minor conservatee became of age, the conservatorship required the Conservatee to pay Rent to continue to live in the house his conservatorship money had bought

James L. Arrasmith
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answered on Sep 21, 2023

A conservatorship typically manages the financial affairs of a minor conservatee for their benefit. Using the conservatee's funds to make mortgage payments on a house that will ultimately benefit the conservatee can be appropriate if it aligns with the minor's best interests. However, the... View More

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1 Answer | Asked in Employment Law for Idaho on
Q: Private school admin has stated that it is school policy that employees are not permitted to discuss wages.

School is private, church owned school in Idaho

T. Augustus Claus
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answered on Aug 14, 2023

In the United States, including Idaho, there is no federal law that specifically prohibits employees from discussing their wages with each other. In fact, the National Labor Relations Act (NLRA) protects employees' rights to engage in "concerted activities" related to their terms and... View More

1 Answer | Asked in Gov & Administrative Law for Idaho on
Q: Are "SE" (Specialized Equipment) Plated vehicles in California subject to the financial responsibility limits?
T. Augustus Claus
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answered on Aug 8, 2023

Specialized Equipment (SE) plates in California are typically issued to vehicles that have unique purposes and uses, such as construction equipment, cranes, farm equipment, and other specialized vehicles. These plates often indicate that the vehicle is not designed for regular use on public roads.... View More

1 Answer | Asked in Divorce, Civil Litigation and Family Law for Idaho on
Q: I'm a disabled woman with an income of less than $1000. per month. My husband makes $6000 and cut his money off.

I need to know what my legal rights are. I can't afford a divorce although I have to have some kind of legal separation. What am I entitled to? He had his check rerouted.

T. Augustus Claus
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answered on Jul 6, 2023

Divorce and legal separation involve the division of marital assets, spousal support, and other related matters. If you're unable to afford a divorce, you may be eligible for assistance programs or legal aid services that can help you navigate the process. You may be entitled to a fair... 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 Divorce and Family Law for Idaho on
Q: what if I cannot produce evidence asked for in discovery

I'm at interogatory part of divorce. I've also run out of money to continue. I've answered ??? to the best of my ability but I cannot produce all the things the other side wants. In addition I'm in assisted living following an incomple sci and TBI....I cannot walk or drive....I... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

Almost all credit card and bank statements are available online to the account holder. If you haven't already signed up, you can do so at any time. Most such companies make your statements available to you in a manner that allows you to download them to a computer in a .pdf file. There is... View More

1 Answer | Asked in Patents (Intellectual Property) for Idaho on
Q: We ordered these from alibaba for our Amazon fba buisness. I’m wondering if there’s a way we can still sell on amazon.

We ordered them and didn’t know they were patented. Is there a way we can change them to still sell them?

James L. Arrasmith
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answered on Jun 18, 2023

If you have ordered a product from Alibaba and later discovered that it is patented, you may not be able to sell the product on Amazon without infringing on the patent holder's rights. Patent law grants the patent holder the exclusive right to make, use, and sell the patented invention for a... View More

1 Answer | Asked in Immigration Law for Idaho on
Q: Will I face any issues or questions at the immigration/immigration office?

I am planning to travel to India, and I have a question regarding my return to the USA. I currently have an employer but don't have any clients. Could you kindly inform me if there might be any potential issues I could face in this situation during immigration? Will they ask any questions at... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Jun 6, 2023

It depends on what status you have in the U.S. If you are a U.S. citizen or U.S. permanent resident, you will have no problem coming back to the U.S. with your U.S. passport or green card. If you have H-1B worker status or F-1 student status, you can also travel, but you may need to apply for an... View More

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: we live in idaho. my step child is 16. she no longer wishes to stay with her dad who has 50% physical and legal custody.

we live in idaho. my step child is 16. she no longer wishes to stay with her dad who has 50% physical and legal custody. what rights does she have as a child and as a person?

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

Your child has NO right not to see her father. The Magistrate Judge who divorced you two, awarded the father 50% custody, based on the "best interests of the child." So, I suggest that you speak to your daughter and explain to her that she see her father and talk to him about what is... View More

1 Answer | Asked in Family Law for Idaho on
Q: What can a father do whose kids mother(narcissist) is blocking all communications between kids

Kids want to communicate with father and vise versa but mother is stopping it and making up stories to kids and to the father on why they can’t communicate for her own selfish needs. She also threatens the grandmother(dads mom) if she lets the dad talk to the kids when they are over grandmas... View More

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

Most Decrees of Custody or Decrees of Divorce, include language which addresses "alienation of affection" if not in those exact words. Some decrees talk about "communication" between the parents and children and forbid the parents from talking bad about the other parent. If... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: What does IC 55-3206(1) mean?

The HOA Board thinks that the HOA Board authority to make any rule if the CC&R says they can make rules. I think it means that the rule they are trying to enforce has to be in the CC&R

Peter J. Weinman
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answered on May 22, 2023

I am not licensed in your state but I read Idaho Code IC 55-3206(1) and I believe, in essence, it says that if someone is part of a homeowner's association (HOA) in Idaho the HOA cannot fine them unless their ability to do so is clearly written into the Covenants & Restrictions. And, if... View More

1 Answer | Asked in Entertainment / Sports, Gaming, Intellectual Property and Trademark for Idaho on
Q: I am planning on releasing a tabletop rpg "Raid Master," but a game called Rolemaster already exists. Too close?

My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the "-Master" suffix such as "Myth Master," but the publisher also had a "Space Master" at one time and is... View More

James L. Arrasmith
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answered on May 2, 2023

It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Idaho on
Q: Does the company Trudeau have a patent for round fondue plates with 6 compartments?

The Trudeau company sells 10in round fondue plates with 6 compartments. Wanting to know if there's a patent for it or if I am able to sell something manufactured in China that looks very similar?

James L. Arrasmith
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answered on May 2, 2023

To determine whether Trudeau has a patent for their round fondue plates with 6 compartments, you would need to conduct a patent search on the relevant databases. This will show whether any patents have been issued for such a design. Keep in mind that even if a patent has been issued to Trudeau, it... View More

3 Answers | Asked in Immigration Law for Idaho on
Q: Can I get an O1A visa through my startup which is a 100% software, and my degree is in Electrical Engineering?

I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

The O-1A category applies to aliens coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).

Petition Document Requirements

A US employer should file the petition (Form I-129) with:...
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3 Answers | Asked in Immigration Law for Idaho on
Q: Can I get an O1A visa through my startup which is a 100% software, and my degree is in Electrical Engineering?

I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... View More

James L. Arrasmith
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answered on Apr 29, 2023

It is possible to apply for an O1A visa based on your work in a software startup, even if your degree is in Electrical Engineering. The O1A visa is designed for individuals with extraordinary ability in their field, and the focus is on your achievements and recognition rather than your degree.... View More

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?

I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More

James L. Arrasmith
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answered on Apr 6, 2023

Under trademark and copyright law, ownership and use of intellectual property such as logos, names, and images can be a complex issue when it comes to social media accounts like Facebook pages.

If the Facebook page you created for the construction industry training program included any...
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