Idaho Law Blog

TWO TASKS YOUR ESTATE PLANNING ATTORNEY CANNOT PERFORM

Published on: February 10, 2017 | by Racine Olson

Most of our Idaho clients hire us to draft three basic estate planning documents: (1) a will or trust; (2) a power of attorney for health care; and (3) a power of attorney for financial affairs. Walking out of our office with those three documents does not necessarily mean your estate plan is complete. There are several additional tasks our clients likely need to perform after they leave our office. The two most common tasks include updating beneficiary designations on retirement accounts and life insurance contracts.

As a general rule, individuals with retirement accounts (whether employer sponsored or not) must list beneficiaries to their accounts. Most individuals list their spouses as the primary beneficiary of their accounts and, if available as an option, list their children as contingent beneficiaries in equal shares. Most of our clients have not reviewed their beneficiary designations for several years – or even decades – and rarely think of doing the same. Unfortunately we see cases in which clients forget to update their beneficiary designations so their retirement accounts end up being distributed contrary to our clients’ intentions. It is important to understand who you have designated as beneficiaries of your respective retirement accounts.

Don’t Drive Through Flooded Sections – Find Another Route

Published on: February 9, 2017 | by Racine Olson

I-86 Closed Near Raft River Due to Standing Water

Idaho State Police report that I-86 at milepost 14 has an estimated one and a half feet of standing water for a 200-foot stretch just east of the I-84/I-86 (“the split”) interchange near Raft River. The Idaho Department of Transportation closed Interstate 86 on Monday between mileposts 0 and 36 because of flooding over the Raft River bridges.

There is not yet an official alternate route around the closed section of the interstate. Motorists are being warned via the electronic reader boards at Glenns Ferry and Pocatello of the closures. Bridges over the Raft River for alternate routes are in the same flooded condition as the interstate bridges. Map out your trip prior to leaving home and check for road conditions and closures to choose the safest way to arrive at your destination.

Sometimes Subsequent Injuries Are Covered and Sometimes They Are Not.

Published on: February 9, 2017 | by Racine Olson

By: Fred J. Lewis

On July 20, 2016 the Idaho Industrial Commission filed their Finding of Fact Concussions of Law and Order in Funke v Atkison Logging Company Inc. and Liberty Northwest Insurance. In this case the Claimant suffered a compensable accident which resulted in Total Permanent Disability. It left him with a burst fracture of L1, a right below knee amputation, paraplegia, neurogenic bowl and bladder, and without sensation below the wrist. Mr. Funke loved to deer hunt even after his Idaho Worker’s Compensation accident. He was given an ATV for mobility by Liberty. While he was deer hunting on November 18, 2009 on his ATV, he fractured his right femur while getting off of his ATV. The Surety denied the claim. While deer hunting again on his ATV on December 1, 2014 he fractured his left femur. Liberty denied both of the claims taking the position that this was a subsequent accident and not part of his Idaho Worker’s Compensation claim.

The Claimant contended at the hearing that the fractures were the direct and natural consequence of osteoporosis which arose from the Claimant’s paralysis caused by the compensable industrial accident. Two of Claimant’s treating physicians offered their medical opinions in support of the claim that the osteoporosis lead to him breaking the two femurs. The total medical bills calculated to $95,732.93.

Nursing Homes and Bed Sores

Published on: February 9, 2017 | by Racine Olson

By Patrick N. George

How many of us have ever gotten up on a work day and thought to ourselves, “I just want to stay in bed”? How many of us on a weekend have spent the day lounging around, whether in bed or a recliner in front of the TV? Occasionally, this indulgence is a wonderful refresher. However, being confined to a bed or recliner can result in serious injury.

You have no doubt been to a nursing home and noticed that some of the patients are confined to their bed. The caregivers in these institutions must be aware of the danger of decubitus ulcers on these fragile patients. These ulcers are commonly knowns as “bed sores” and are much easier to prevent than to cure. In fact, every year people pass away due to infections from bed sores that never get treated properly. A bed sore usually occurs over an area where the bone is close to the surface. This causes pressure on the skill from both the bone and the outside environment.

Estate Planning Family Meetings

Published on: February 9, 2017 | by Racine Olson

By Nathan R. Palmer

A basic estate plan includes a will (or a trust), power of attorney for financial affairs, and power of attorney for health care. One of the most crucial elements of any estate plan is the person, or people, you choose to act on your behalf. How will your loved ones know who you have chosen to act on your behalf? Will some of your loved ones feel left out?

Holding a family meeting shortly after completing an estate plan can be extremely beneficial. Most family meetings are held at the parents’ home with invitees consisting solely of the parents’ children. I generally advise clients to not invite in-laws or significant others as family meetings are a time for parents to meet with their children and explain their desires. Children often provide input or ask questions at these meetings.

Is President Trump’s Immigration Ban Illegal or Unconstitutional?

Published on: February 8, 2017 | by Racine Olson

By Joseph G. Ballstaedt

On January 27, 2016, President Donald Trump shocked the world by ordering a travel and refugee ban. This executive order specifically bars citizens from seven majority-Muslim countries (Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia) from entering the United States for 90 days, regardless of their visa category. It also suspends admission of refugees from any country for 120 days, and it indefinitely suspends refugees from Syria.

Before elected, President Trump called for a “total and complete” ban on Muslims coming into the United States, according to one of his campaign press releases, but many thought these types of statements were all talk. The executive order is not a ban on all Muslims, but it has certainly sparked controversy and questions of religious tolerance. Many claim it is un-American in that it conflicts with our rich immigrant heritage. Many claim it is also illegal and unconstitutional, and various suits have been filed across the nation.

Too Many People Die Each Year Due to Workplace Accidents

Published on: February 8, 2017 | by Racine Olson

By Fred Lewis

It’s astounding to realize: a new report from MSNBC revealed that more Americans died as a result of workplace accidents in 2009 alone, than during the entire course of the nine-year Iraq War.

The number of people killed on the job in the United States in 2009 was 4,551. As of May 18, 2011, the number of servicemen killed in combat totaled 4,770. Nevertheless, an estimated 50,0000 people also die each year of work-related diseases such as illnesses suffered from asbestos exposure or chemical inhalation. As one MSNBC reporter put it, “it’s as if a fully loaded Boeing 737-700 crashed every day” for a year.

3 Reasons Why Estate Planning is Affordable

Published on: February 8, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

I have been an attorney now for nearly 20 years. Whenever I am introduced to new people it is common for them to ask what I do for a living. When I let them know that I am an attorney this leads to the next question that is asked: “What kind of law do you practice?” When I mention that I do estate planning most individuals indicate that they believe they don’t need an estate plan or that getting one would cost them too much money. This always leads to an interesting conversation about how affordable estate planning is compared to not having it done. Here are the 3 main reason Estate Planning is affordable now.

1. AVOID A FIGHT OVER CHILDREN

Idaho Supreme Court Clarifies Adverse Possession Time Restriction

Published on: February 8, 2017 | by Racine Olson

By: T.J. Budge

Idaho law recognizes the doctrine of adverse possession, whereby a person can acquire ownership of real property by occupying it for an extended period of time to the exclusion of others. This is sometimes referred to as a “squatter’s right.”

A person claiming ownership by adverse possession must prove, by clear and satisfactory evidence, that they have had exclusive and continuous possession of the property for the time period required by statute. Idaho Code 5-210 required a five year period of possession up until 2006 when the statute was amended to extend the time requirement to twenty years.

4 Things to Consider When Naming a Trustee to Your Trust

Published on: February 7, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Many people consider creating a trust as part of their Idaho estate plan to help them in distributing their property to their loved ones. A trust is a way for an individual to protect their property and yet be able to avoid the cost and time associated with probate upon their death. 　A trust has to be administered by an individual who is named as the trustee. This individual has the responsibility and the ability to handle trust property and Nic distributions of trust assets. Here are four things to consider when naming a trustee to your trust.

1. ABILITY OF THE TRUSTEE TO HANDLE THE TRUST