By Lane V. Erickson, Attorney Let’s assume you have been vigilant in completing your estate planning. You have your Last Will and Testament in place and it includes specific gifts that you are leaving for specific people. You have a boat that your Last Will and Testament leaves to your…
Idaho Law Blog
Accidents and Icy Roads
By Patrick N. George Once again temperatures have dropped below the freezing point this here in Idaho. This means that drivers and pedestrians must again be aware of the possibility of black ice on roads, bridges, and melting snow along the sides of roads. Drivers are often not cautious enough…
Can an Estate Planning Attorney Be a Witness to Prove Capacity?
By Lane V. Erickson, Attorney In Idaho, “[a]ny emancipated minor or any person eighteen (18) or more years of age who is of sound mind may make a will.” Idaho Code 15-2-501. When determining whether a person is of sound mind, Idaho Courts have stated: Accordingly, a testator must have…
Your Treating Physician Has to Testify In Support Of Your Idaho Worker’s Compensation Claim
By: Fred J. Lewis In Linda Doores v. State Insurance Fund, Decided on November 18, 2016, the Idaho Industrial Commission ruled against the Claimant. The Claimant contended that she had injured her hip as a result of an accident that allegedly occurred on July 18, 2012. As she approached an…
Personal Injury – Road Rage
By Patrick N. George Deadly road rage accidents can happen at any time. Responsible residents everywhere wonder what they can do to curb road rage. To make our roads safer and reduce road rage, there are a couple of situations we need to recognize: first, we need to be mindful…
A Policy Handbook as an Employment Contract
By Lane V. Erickson, Attorney Regardless of whether there is a written employment contract, an oral employment contract or no employment contract at all, when an Employment Handbook or Policy Handbook exists, it may provide additional contractual rights either for the employer or the employee. The result is that an…
Can a Person Who is Receiving a Gift Under a Will Be a Witness to the Will?
By Lane V. Erickson, Attorney As an estate planning attorney I am often asked interesting questions by my clients. One question that came up recently was whether a family member, or any other person, who would be receiving a gift under a Last Will and Testament could also be a…
Three Steps When Your Land Use Application is Denied
By Joseph G. Ballstaedt In Idaho, if you want to use your property in manner not authorized by current zoning ordinances, you must either seek to amend the zoning ordinance or seek a variance from the city council or board of county commissioners. Idaho law requires all zoning ordinances to…
Personal Injury – Trampolines
By Patrick N. George Trampolines and trampoline parks are fun, but they can be dangerous. Trampoline park-related injuries have risen as the popularity of indoor jumping has spread. A new study in pediatrics found that trampoline parks in the US have increased from 40 in 2011 to 280 in 2014.…
You Cannot Dabble in Idaho Workers’ Compensation Law
By Fred J. Lewis In the 1990s, I represented a number of Idaho Workers’ Compensation insurance companies, defending claims brought by injured Idaho workers. I would see general practice lawyers bring Idaho Workers’ Compensation claims and not truly understand the value of those claims and not know how to bring…