Idaho Law Blog

Estate Planning, Hoping for the Best But Planning for the Worst

Published on: November 24, 2016 | by Racine Olson

Estate planning is the process where you put into writing the objectives that you have that you want to accomplish and the distributions of property that will occur when you pass away. I feel that my job as an estate planning attorney is to identify clearly what it is my clients want to achieve in their estate planning. Next my job is to look down the road into the future with my client’s objectives in mind and try to perceive all the worst possible things that could happen that would mess up my client’s objectives. The final step is to plan for these bad events in a way that allows my clients objectives to be fulfilled. Essentially, what I mean is hoping for the best but planning for the worst.

Here are just a few areas that I tried to give instruction to my clients about when it comes to estate planning.

ADA Accommodations – Animals Assisting Tenants

Published on: November 24, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

A reasonable accommodation, when it comes to landlord and tenant relationships, occurs when there is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space. A landlord is required to do everything it can to assist a disabled tenant. However, the landlord is not required to make changes that would fundamentally alter the program or create an undue financial and/or administrative burden on the business of being a landlord. Reasonable accommodations might be necessary at all stages of the landlord-tenant relationship process, including providing an application; providing actual tenancy, or to prevent eviction.

Concerning the ADA and Fair Housing requirements regarding animals, on April 25, 2013, HUD issued Official Notice FHEO-2013-0 which contained the following statements:

Sixth District Judges Discuss Due Process

Published on: November 24, 2016 | by Racine Olson

By Joseph G. Ballstaedt

A somewhat common saying in the legal profession is that a good lawyer knows the law, but a great lawyer knows the judge. Whether or not you agree with this saying, it can’t hurt to know what local judges are stressing to lawyers in the community. On November 16, 2016, at a Portnuef Inn of Court meeting, two judges in the Sixth Judicial District, Judge Scott Axline, a magistrate judge, and Judge Stephen S. Dunn, a district judge, discussed the legal principle of due process with local attorneys.

Judge Axline reminded those present that due process of law, the constitutional guarantee that prevents the government from impacting citizens in an abusive way, has its roots in the Magna Carta dating back to the year 1215; it did not come out of thin air. Today it is found in the Fifth and Fourteenth Amendments, and it is a common principle that permeates the legal system and makes it function. Based on his research, there are 36 statutes in Idaho that reference it, both in the criminal and civil context.

Snake River Plain and Eastern Magic Valley Brace for First Snowfall

Published on: November 24, 2016 | by Racine Olson

Work Accidents and the Marek Decision – When Can Employees Sue Their Employers For Personal Injuries?

Published on: November 24, 2016 | by Racine Olson

BY BRENT O. ROCHE

Work Accidents and the Marek Decision – When Can Employees Sue Their Employers For Personal Injuries?

In its recent decision in Marek v. Hecla, Limited, the Idaho Supreme affirmed summary judgment in favor of the mine/employer and dismissed a wrongful death claim arising from the collapse of a portion of the Lucky Friday Mine in north Idaho. The collapse was investigated by the U.S. Mine Safety & Health Administration which found that the collapse occurred because of Hecla’s removal of a waste pillar inside the mine. MSHA specifically found that Hecla’s conduct in removing the pillar constituted more than ordinary negligence. Based on these findings, MSHA issued three citations to Hecla.

The Public Policy Exception to At-Will Employment

Published on: November 23, 2016 | by Racine Olson

By Joseph G. Ballstaedt

In Idaho, almost every employee is an at-will employee, which means he has no contract with his employer establishing how long the employment relationship will last or limiting why he can be fired. At-will employees can be fired for almost any reason and, conversely, can quit for any reason. Such an arrangement allows equal freedom to both the employer and the employee.

There is a general exception, however, to an employer’s rights under an at-will employment relationship: an employer cannot fire an employee when motivated by a reason that is against public policy. See MacNeil v. Minidoka Mem’l Hosp., 108 Idaho 588, 589, 701 P.2d 208, 209 (1985). All but a few states recognize this exception. Idaho courts have explained that public policy is made of principles that restrict parties’ freedom to contract and privately deal. Such restrictions are for the good of the community; whatever contravenes good morals or any established interests of society is against public policy. See Jackson v. Minidoka Irrigation Dist., 98 Idaho 330, 333, 563 P.2d 54, 57 (1977).

Proper Response to Emergency Vehicles to Avoid Accidents

Published on: November 23, 2016 | by Racine Olson

How often on a congested interstate do you hear sirens approaching, and then see the emergency lights approach from behind your vehicle? When an emergency vehicle approaches on a busy freeway, what should drivers do to respond in a safe and lawful manner?

Idaho Code §42-625 reads as follows: “(1) Upon the immediate approach of an authorized emergency or police vehicle making use of an audible or visible signal, meeting the requirements of section 49-623, Idaho Code, the driver of every other vehicle shall yield the right-of-way and immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb of the highway lawful for parking and clear of any intersection, and stop and remain in that position until the authorized emergency or police vehicle has passed, except when otherwise directed by a peace officer.”

You must pull over and STOP even on the freeway, not just slow down. Even though it may be tough to pull to the right in traffic congestion, emergency personnel have been trained to stay to the left of traffic. If you are unable to pull to the right due to other vehicles, then stop and remain stopped until the emergency vehicle passes by. Dangerous situations can develop for you, other drivers, and the emergency personnel.

Why Having Co-Personal Representatives is a Bad Idea

Published on: November 23, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

In the course of being an estate planning attorney for nearly two decades I can tell you that I often have clients who want to have more than one of their children named as a co-personal representative. Whenever this happens I have a lengthy discussion with my clients about the reasons this is a bad idea. Here the purpose of this post is to provide a description of the main reasons I give to my clients for why having co-personal representative is a bad idea.

UNNECESSARY DISAGREEMENTS

Don’t Put Your Children on Your Checking Account

Published on: November 21, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

I’ve come to understand that my estate planning clients are always well-meaning, but often make mistakes in their estate planning simply because they don’t understand the legal effect of their actions. One of the areas that I find is often a concern is when an older parent puts a child’s name as a co-owner on their banking accounts.

Typically this occurs when a person is getting older and they are concerned about their ability to continue paying their bills and doing the financial things that they would normally do with their bank accounts. In this circumstance this older adult will often name one of their adult children as a co-owner on their bank accounts so the child can sign checks for bills and the like. Their reasoning is that by doing this they are assured that their bills will get paid and all of their financial obligations will continue to be met. The problem is, the legal effect of naming a child on your bank account is way different than what you may understand.

Single-Vehicle Crash on Eastbound I-184 in Ada County, Franklin Exit

Published on: November 21, 2016 | by Racine Olson

The Idaho State Police (ISP) report that a single-vehicle crash caused injuries to a 21 year-old driver on November 16, 2016 at approximately 3:30 p.m. The accident happened near the Franklin Road exit in Ada County.

A female from Kuna, who was driving a 2005 Toyota Scion, left the lane of travel while taking the exit, struck the left barrier, and then struck the right barrier. Her vehicle stopped in the lane of travel.

The 21year-old driver, who was wearing her seat belt, was taken to St. Alphonsus Regional Medical Center in Boise by ambulance. The Franklin Road exit was blocked for about 30 minutes following the accident. The crash is still under investigation by the ISP.