Idaho Law Blog

Can I Change My Estate Plan?

Published on: February 15, 2017 | by Racine Olson

My job as an attorney is to help individuals complete their Idaho estate planning so that they are prepared for the uncertainties of life. The very nature of life makes it so that plans sometimes change. One of the questions my clients often ask me is whether they can change their estate plan once it has been created for them. The short answer is that it can be changed at any time that they would like. I counsel my clients to look over their estate plan regularly to make sure that it’s still meets their needs especially if their circumstances have a changed. Below are some of the major reasons why in the state plan may need to be changed.

1. BIRTH OF A LOVED ONE

3 Things to Know About a Living Will

Published on: February 14, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

The variety of document that can be used to complete an estate plan are amazing. That usually do fall into several basic categories including Distributing property, taking care of property while you were alive, and making end-of-life decisions. The document that helps with making end-of-life decisions is known as a living will. Here are three important things to understand and know about living wills.

1. DIFFERENT NAMES SAME THING

WILL MEDICARE PAY FOR SKILLED NURSING?

Published on: February 13, 2017 | by Racine Olson

By Nathan R. Palmer

Deciphering between the benefits provided by Medicare and Medicaid can be difficult. It is important to know the difference between Medicare and Medicaid when you or a loved one is seeking coverage of a stay in a long-term care facility (i.e., Assisted Living or Skilled Nursing Facility).

Medicare is a federal health insurance program available to individuals 65 years of age and older as well as individuals with certain disabilities or medical conditions who are younger than 65 years of age. Medicare does not always cover all medical expenses incurred by covered individuals; rather, individuals are required to pay a deductible as well as certain expenses not covered by Medicare.

How Employers Use a Job Application to Obtain the Information They Need

Published on: February 13, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

We all seen them and have likely filled several of them out during our working careers. I’m talking about job applications. Employers use job applications as a tool when hiring as a way of ensuring that they are weeding out potential problems and hiring the employee who will make the greatest contributions to the business. In working with employer clients I often discuss with them the 3 most important questions about using job applications in the hiring process.

1. SHOULD OUR BUSINESS USE A JOB APPLICATION?

3 Main Purposes of Probate in Idaho

Published on: February 13, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Probate in Idaho is a relatively simple and straightforward process. We’re fortunate to live here in Idaho and to have Idaho’s estate planning and probate laws. In many states both estate planning and probate are complex, take a long time, and can be very costly. In some states an attorney is allowed to charge a percentage of the estate as the fee for completing a probate. Idaho probate and estate planning are much cheaper and are streamlined. Here is a short description of the three main purposes of probate in Idaho.

1. PROTECT THE ESTATE

Insurance Considerations When Transferring Property Into Trust

Published on: February 12, 2017 | by Racine Olson

By Matthew P. Stucki

There are numerous reasons why an individual would select a living trust as the vehicle to deal with the distribution of his or her property upon death. A living trust is set up to allow the owner of the property to transfer said property into the trust and out of the owner’s name. When making this transfer of property into a trust, there are important insurance considerations that need to be considered.

Individuals often purchase insurance, such as car insurance or home owner’s insurance, to protect their property against damage. However, when that property is transferred, the insurance provider is no longer responsible for coverage. This makes it important for all individuals who transfer property into a living trust to contact their insurance agent and add the living trust as an insured. Failure to list the living trust as an insured may give your insurance provider a reason to reject claims made by you.

6 Estate Planning Resolutions You Should Make for 2017

Published on: February 11, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

A new year is always a wonderful opportunity to determine what steps you need to take to protect yourself and your family through your Idaho estate planning. Each year brings change, and our lives and in the lives of those around us. Whether we like it or not these changes need to be addressed and dealt with in a way that will help us move forward productively. 　With 2017 upon us here are 6 Idaho estate planning resolutions you should make this year.

1. COMPLETE BENEFICIARY DESIGNATIONS ON RETIREMENT ACCOUNTS

IDAHO MEDICAID LONG-TERM CARE BENEFITS

Published on: February 10, 2017 | by Racine Olson

By Nathan R. Palmer

Medicaid was signed into law in 1965 for the purpose of providing certain benefits, including medical benefits, for individuals in financial need. While the Medicaid program was enacted by the federal government, each state is responsible for administering the program for its citizens. Generally speaking, eligibility for Medicaid benefits depends on an individual’s income and assets.

Idaho Medicaid benefits include assistance for the aged, blind, and disabled (sometimes referred to as AABD benefits). AABD benefits are generally available for individuals over age 65 and/or those who are blind and/or disabled. Providing coverage for an elderly individual’s stay in a long-term care facility is one benefit available through the AABD program.

Drafting a Good Job Description

Published on: February 10, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

It doesn’t really matter whether you have 10 or 10,000 employees, your business, or any business with employees will gain a direct benefit from having well written, accurate job descriptions. 　Accurate job descriptions in an engagement letter or an employment agreement helps to eliminate confusion. More importantly, having an accurate job description also ensures that all duties of the job are assigned efficiently and to employees who are qualified. The most import benefit from having well written job descriptions is that they help protect the employer when things go bad.

1. START OFF RIGHT

The Strange Doctrine of Adverse Possession and Its Origins

Published on: February 10, 2017 | by Racine Olson

By Joseph G. Ballstaedt

The doctrine of adverse possession of real property is a strange legal concept, yet one deeply imbedded in American law. Under this doctrine, a person who trespasses onto and possesses the property of another can, after enough time has passed and if certain other conditions are met, become the legal owner of the property. This doctrine arguably condones trespassing by rewarding “squatters” for conduct that seems unfair, unjust and contrary to long-held principles of private property ownership. However, the requirements to actually prove adverse possession are stringent enough that the doctrine is infrequently applied. It is typically used to resolve ownership disputes in favor of the person who has actually occupied, cared for, and paid taxes on the property.

Each state has specific requirements enumerated in court decisions and statutes that must be met to acquire land through adverse possession. In Idaho, a person claiming ownership by adverse possession first must prove he or she has possessed the property for the statutory period. Up until 2006 this period was five years in Idaho. The Idaho Legislature amended the statute in 2006 to extend the period to 20 years. The person must also prove his or her possession was “actual, open, visible, notorious, continuous, and hostile” to the owner of record, and that he or she has enclosed, improved, and paid taxes on the disputed property. If these elements are proven by clear and convincing evidence, the claim of adverse possession succeeds and the judge will issue a judgment declaring the person to be the legal owner of the property.