Idaho Law Blog

Retirement Plans and Estate Planning

Published on: February 23, 2017 | by Racine Olson

During a normal estate planning interview with client I often find myself talking about retirement plans. My clients are always interested in knowing how their retirement plans will be dispersed when they pass away. It is helpful to bring these things up and to discuss them in the context of preparing a thorough Idaho Estate Plan so that clients have a good understanding of what is, and what is not, part of their estate planning. Here are three tips to think about when it comes to including your Retirement Plans with your Idaho Estate Planning.

1. UNDERSTAND WHAT IS NOT INCLUDED IN YOUR ESTATE PLANNING

The ISIF Slips the Hook Again

Published on: February 22, 2017 | by Racine Olson

By: Fred J Lewis

On January 27, 2017, the Idaho Industrial Commission held in Donald AIcher v The Idaho Industrial Special Indemnity Fund that the ISIF slipped the hook and avoided liability on yet another Total and Permanent Disability claim. The Commissioners rejected Referee Taylor’s decision and entered their own Finding of Fact Conclusions of Law and Order.

In this case the claimant contended that he was totally disabled as a result of a combination of preexisting impairments together with his last injury to his low back and that the ISIF was liable for a portion of his Total and Permanent Disability benefits. The ISIF argued that there was no combination and they had no responsibility. The Commission held that the Claimant had proven that he was totally and permanently disabled through the Odd-Lot status. The Commission held that this shifted the burden to the ISIF “to show that some kind of suitable work is regularly and continuous available to the Claimant” Carey 107 Idaho AT112, 686 P. 2d AT57. The Commission held that there was no job available for the Claimant. Therefore, the Claimant proved to the Commission that he was totally and permanently disabled percent to the Odd-Lot doctrine.

Resetting the Statute of Limitations in Contract Claims by Acknowledgement or Payment

Published on: February 22, 2017 | by Racine Olson

By Joseph G. Ballstaedt

Every legal claim a party can bring in court has a statute of limitations, a period of time in which the claim must be brought. The purpose and effect of statutes of limitations is to protect defendants—people who can be sued.

In rare circumstances, even after a statute of limitations has run and a party has lost its rights to sue, the other party can revive the claim. This can occur, for example, with contract claims. Under Idaho law, the statute of limitations for written contracts is five years, and for oral contracts, it is four years. However, if a party to a contract makes a written and signed “acknowledgment” or makes a payment of principal or interest on the contract, the other party’s right to sue under the contract is renewed. The statute of limitations starts over.

5 Common Estate Planning Mistakes to Avoid

Published on: February 22, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

I make my living off of being an effective estate planner with my clients. The reason I do this is because I’m passionate about everyone needing an estate plan and making sure that that estate plan accomplishes would each individual once. And helping my clients achieve their goals and create their own personal customize a state plan I found that there are many estate planning mistakes that are made by my clients. Here are the 5 most common estate planning mistakes to avoid.

1. NOT HAVING AN ESTATE PLAN AT ALL

Are Idaho’s Employment Laws Bad for Employees?

Published on: February 21, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

I just read a recent post by a person complaining about Idaho’s Employment Laws and how they were so unfair and hard because this person’s daughter was terminated without cause, and she didn’t get any lunch break while she worked. This person had moved from California. They compared Idaho’s Employment laws to those in California and determined that Idaho’s laws were ludicrous and a joke because they offered no protection for the employees.

This person’s feelings are not uncommon. I often meet with potential clients, most of whom have lost their job, and have to explain to them that while what happened to them may not be fair or even morally right, it is not illegal under current federal or state law. Here are some of the basics that everyone should know about Idaho’s Employment laws.

Injury Crash Blocks State Highway 77 North of Declo

Published on: February 21, 2017 | by Racine Olson

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Injury Crash Blocks State Highway 77 North of Declo

A two-vehicle injury crash occurring on February 17, 2017 at approximately 10:07 a.m. blocked the northbound lane of State Highway 77 for nearly an hour near Declo. ISP reports that Juan Palomo, Jr. of Evanston, Wyoming was driving eastbound on I-84 at the milepost 216 off-ramp. Palomo’s vehicle crossed State Highway 77 and pulled in front of a vehicle on I-84 being driven by Lloyd Thornton of Declo. Thornton struck Palomo’s vehicle and came to rest in the northbound lane of State Highway 77. Both injured drivers were wearing seat belts. Personal vehicles transported the injured motorists to local hospitals.

ISP continues to investigate the crash and has not yet provided an update as to the type of injuries sustained by the belted drivers. Emergency crews blocked the northbound lane of Highway 77 as they worked to clear the scene of the accident.

Trump’s February Immigration Enforcement Raids

Published on: February 21, 2017 | by Racine Olson

By Joseph G. Ballstaedt

Recent immigration enforcement raids have received considerable attention. These raids, which picked up more than 680 people, were conducted between February 6 and February 10 in the Atlanta, Chicago, New York, Los Angeles, and other areas. According to Immigration and Customs Enforcement (ICE), this action was routine immigration enforcement that did not represent an increase in tempo. The Department of Homeland Security (DHS) agreed, stating: “ICE conducts these kind of targeted enforcement operations regularly and has for many years.” President Trump, on the other hand, suggested otherwise, tweeting: “The crackdown on illegal criminals is merely the keeping of my campaign promise. Gang members, drug dealers & others are being removed!” Immigrant-rights activists had named President Obama the “Deporter-in-Chief” because of the millions he deported. However, it seems President Trump is attempting to outdo Obama.

Is this routine action or an increased crackdown? The DHS emphasized that the majority (75%) of detained individuals were criminal aliens, convicted of crimes including homicide, aggravated sexual abuse, sexual assault of a minor, and DUI. However, the raids also captured immigrants without criminal records. Some immigration attorneys agree that this ICE action is “new” and that deportation priorities have changed. Cristina Jimenez, executive director of United We Dream, an immigrant youth organization, said: “This is clearly the first wave of attacks under the Trump administration, and we know this isn’t going to be the only one.”

Highway Safety in the Gem State

Published on: February 21, 2017 | by Racine Olson

AAA recently reported that the Idaho death rate for vehicle crashes increased in 2015 to 16.1%, more than two times the national average. Studies indicate that in many cases, aggressive motorists who think they can outperform others on the road create dangerous driving conditions. Also, another known contributing factor in crashes is distracted driving which continues to be on the rise.

For the most part, Idaho is considered a safe place to live, work, travel, and play. With hundreds of mountain ranges, fifty of which have elevations of 10,000 feet above sea level, it is no mystery why Idaho is called the Gem State. There are 31 scenic byways totaling 2,468 miles of road. Steep, twisting mountain highways with sharp corners can be hazardous for motorists. Inexperience, inattention and under-estimating the difficulty of travel can lead to harmful and/or deadly crashes. In addition, Idaho’s population is growing as many are drawn to the opportunities urban areas provide resulting in higher traffic volumes on the roads each day.

ITD plans to partner with legislators and state and local law enforcement agencies to identify traffic safety problems, gather data and use the data to implement public awareness campaigns and programs to reduce the number of injuries and deaths resulting from motor vehicle crashes on Idaho roads.

3 Things to Consider When Making Gifts to Children

Published on: February 21, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

As an estate planning attorney I often meet with clients to discuss the creation of their personalized the state plans. During these conversations inevitably my clients bring up their children, and often the circumstances of each child. I have found that during these discussions my clients are often concerned about making gifts outrightly to their children depending on their children’s personalities end or circumstances. Based upon these experiences, here are 3 things to consider when making gifts to your children.

1. YOUR CHILD’S AGE

3 Things to Consider About Estate Planning and Divorce

Published on: February 20, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Life is uncertain. There is no area of law where this is more true than in estate planning. I often have clients come see me who, after completing their estate planning, end up getting a divorce. When this occurs several new issues arise that have to be dealt with concerning my client’s estate planning. Here are the 3 most common things to consider about Estate Planning and divorce.

1. MINOR CHILDREN