Idaho Law Blog

Can I Spend My Kid’s Inheritance?

Published on: January 1, 2017 | by Racine Olson

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 oldest son. You have an heirloom china set that’s been in the family for several generations that Last Will and Testament gives to your daughter. You have nearly a half a million dollars stored away in savings and retirement accounts that will also go to your children once you pass away.

But, what if you change your mind. What if you decide that you want to travel the world. What if you suddenly find yourself in need of the money You have work so hard to store away. Can you go ahead and use the money, or sell the boat or give the china to someone else even though these things are specifically described in your Last Will and Testament as going to someone else? The short answer is yes. These items belong to you and you can do whatever you want with them, even if you have specifically listed them in your Last Will and Testament.

Accidents and Icy Roads

Published on: January 1, 2017 | by Racine Olson

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 about slick roads and can quickly lose control of their automobiles. The reality is, even experienced drivers and automobiles with good tires can be at risk of having an accident if they encounter black ice or other slick conditions on roadways. Oftentimes people drive carefully when snow is falling, but do not exercise the same caution when a road could be icy.

Can an Estate Planning Attorney Be a Witness to Prove Capacity?

Published on: December 30, 2016 | by Racine Olson

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 sufficient strength and clearness of mind and memory, to know, in general, without prompting, the nature and extent of the property of which he is about to dispose, and nature of the act which he is about to perform, and the names and identity of persons who are to be the objects of his bounty, and his relation towards them. 　Wooden v. Martin (In re Conway), 152 Idaho 933, 943-944, 277 P.3d 380, 390-391 (2012).

Your Treating Physician Has to Testify In Support Of Your Idaho Worker’s Compensation Claim

Published on: December 30, 2016 | by Racine Olson

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 intersection that day, the driver in the car in front of her braked suddenly. The Claimant was unable to stop and crashed her vehicle into the car in front of her at approximately 15 miles per hour. She was wearing a seat belt and the air bag did not deploy in the vehicle she was driving. On September 23, 2012 the Claimant had an MRI scan of her back and it revealed a central disc bulge at the L4-5. On January 24, 2013, Dr. Moreland administered an epidural injection into the Claimant’s low back. The Claimant testified that following the injection her legs went numb, as if they had fallen asleep. This numbness lasted for almost an hour. However, Dr. Moreland’s chart notes did not reveal that the Claimant told him anything about her problems with her left hip. Claimant later had a fusion of her low back by Dr. Doerr. He examined the Claimant again on May 14, 2015 and opined:

“I do not find any medical evidence to support that the patient sustained a left hip injury as a result of her 07/18/12 industrial related motor accident. Based off a detailed history taken from the patient, as well as a detailed review of medical records performed at the time my independent medical examination on 02/28/13, there is no documentation to support the occurrence of a left hip injury as a direct result of the patient’s 07/18/12 industrial related motor vehicle accident.”

Personal Injury – Road Rage

Published on: December 30, 2016 | by Racine Olson

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 of our own aggressive driving behaviors and second, we need to recognize aggressive driving by those around us.

Recognizing the aggressive driver in You

A Policy Handbook as an Employment Contract

Published on: December 28, 2016 | by Racine Olson

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 Employment Handbook or Policy Handbook could control an employer’s ability to either discipline or terminate an employee for misconduct. For this reason, it is important to review all of the statements made in the Employment Handbook or Policy Handbook regarding discipline and termination.

The very best Employment Handbooks or Policy Handbooks contain statements that allow discretion to the employer for both disciplining and terminating employees with language such as, “should the employee engage in this or similar behavior, the employee may be subject to discipline up to and including termination.” Some even go so far as to state specifically that certain types of described misconduct by an employee may lead to discipline and/or termination.

Can a Person Who is Receiving a Gift Under a Will Be a Witness to the Will?

Published on: December 28, 2016 | by Racine Olson

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 witness to the signing of the will. A short time ago, Idaho law prevented this sort of thing from happening. However, the law in Idaho and in most other jurisdictions have changed.

According to applicable Idaho law: “Any person eighteen (18) or more years of age generally competent to be a witness may act as a witness to a will.” Further, the law states that “a will or any provision thereof is not invalid because the will is signed by an interested witness.” Idaho Code § 15-2-505.

Three Steps When Your Land Use Application is Denied

Published on: December 28, 2016 | by Racine Olson

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 include a variance procedure size for lot sizes and similar physical restrictions on lots and buildings. However, these special accommodations are not a “right or special privilege;” rather, a variance may granted only upon a showing of “undue hardship because of characteristics of the site.” It must also shown that the desired variance is not in conflict with the public interest.

Property owners often assume that any type of land use may be approved by way of a variance. But since variances may be used only to accommodate unique characteristics of the building site, a variance will not work for many land uses, leaving the property owner with only one option: amending the zoning ordinance to formally authorize the desired land use.

Personal Injury – Trampolines

Published on: December 28, 2016 | by Racine Olson

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. As one might imagine, injuries have also increased. In fact, trips to the emergency room due to injuries at trampoline parks have increased dramatically from 580 in 2010 to about 7,000 in 2014, the last year of the study. Interestingly, the study found that injuries from home trampolines remained constant over the same study period. As one might expect, those injured at these trampoline parks are more likely to be males around the age of 13.

You Cannot Dabble in Idaho Workers’ Compensation Law

Published on: December 28, 2016 | by Racine Olson

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 together the appropriate experts to support their clients’ Idaho Workers’ Compensation claims. It never ended well.

I know that many of these Idaho attorneys mean well and think that Idaho Workers’ Compensation cases are simple and they should be able to collect these benefits for their clients and negotiate a lump sum settlement agreement which would then be approved by the Idaho Industrial Commission. There are too many traps for the beginner and many of the Idaho Workers’ Compensation benefits will go uncollected. In order to be a successful Idaho Workers’ compensation lawyer, I believe you have to devote your entire practice to representing injured Idaho workers. This allows you to keep up on all the current cases, develop relationships with doctors that are willing to testify before the Idaho Industrial Commission, and be able to know how to package the Idaho Workers’ Compensation claims so that your client’s claim can be presented by the adjusters to their supervisors favorably so that you can obtain the maximum benefits for your client.