By Joseph G. Ballstaedt When transferring fee simple ownership in real property, Idaho law requires that the property description precisely describe the property. If not, the transfer is not valid. A much more lenient standard, however, applies to the conveyance of easements. If a document granting an easement does clearly…
By Lane V. Erickson, Attorney I truly believe that most people have good intentions. However, as an Idaho estate planning attorney I am often shocked and amazed by individuals who didn’t complete their estate planning before they passed away. More importantly, I’ve seen the result of the failure to make…
By Nathan Palmer A power of attorney is a document which provides authority for an individual to act on behalf of another. Most commonly, discussions of powers of attorney relate to either a financial power of a attorney or a power of attorney for health care. These powers of attorney…
By Lane V. Erickson, Attorney Over the years as an estate planning attorney I’ve had an opportunity to meet with many individuals whose circumstances are quite varied. Some of these individuals have many children and grandchildren, and some of them have none at all. Right in the middle I’ve had…
By Joseph G. Ballstaedt What if you are a non-Indian and purchase land within the borders of an Indian reservation? Are you submitting yourself to regulation by the Tribe and the jurisdiction of the tribal courts for matters related to your property and the use thereof? Probably not. The United…
By Lane V. Erickson, Attorney In the estate planning discussions I have with my clients the concept of being fair with distributions made to children often comes up. It’s not surprising because parents most often really do want to be fair with their children. However, I have come to learn…
By Joseph G. Ballstaedt “Subletting” or “subleasing” occurs when a landlord rents a property to a tenant who then rents the property to another tenant known as the “subtenant.” A tenant may seek a subtenant so he can share rent expenses or he may want to find a subtenant while…
By Joseph G. Ballstaedt Donald Trump received the majority of Idaho votes in the recent election and more than twice as many votes as any other candidate. However, his policies could be a big problem for Idaho. President Trump’s plans to crack down on illegal immigration could weaken a significant…
By Lane V. Erickson, Attorney As an Idaho estate planning attorney I’ve seen all kinds of clients come into my office with questions about their Idaho estate planning. One thing that I find troubling is when parents begin discussing how to make distributions to their children in an unequal way…
By Joseph G. Ballstaedt One of the common exemptions to the overtime requirement of the Fair Labor Standards Act is the “Motor Carrier Exemption.” This exemption applies to employees who: 1) work for a motor carrier or motor private carrier, 2) are drivers, driver’s helpers, loaders, or mechanics whose duties…