Law Journal

Knockout the Will Contest?

Legal battles to have a Last Will and Testament thrown out by the court are rare.  And they are successful even less often. As long as a person still has his wits about him, he can normally leave his property and possessions to whomever he chooses. A person’s Last Will and Testament will generally be […]

Immature Heirs?

Leaving an inheritance to heirs who are minors presents significant problems.  But the same is true for adult heirs who lack the maturity to handle a sizable inheritance. A limited solution is available under the Idaho Uniform Gifts to Minors Act.  That Act allows a parent to have the Executor or other designated Custodian hold […]

Disinheritance.  Is that legal?

Can a person who passes away choose to not leave anything to a surviving child? How about not leaving anything to a surviving spouse? The short answer is:  Yes, the decedent may disinherit anyone that he or she so chooses, even a child or spouse. A person who chooses to not leaving anything to a […]

Who Inherits in Absence of Will?

Roughly half of all of the people in Idaho who pass away have no Last Will and Testament when that happens. So, the question in those cases is always, “Who inherits the property and possessions of that person?” The answer is dictated by statutes.  Here’s essentially how the distribution will go: If the person who […]

Can we Serve Out-of-Area Clients?

Very much so. For clients who need assistance with probate, we can handle such proceedings in every county in the state.  And we can easily handle the process for Executors who live anywhere in the country without requiring them to travel to our offices in Eagle. For clients who need a Will or a Living […]

Satisfaction? We Guarantee it!

Here’s our policy:  If you’re not entirely satisfied with our services, we won’t charge you for them. We know that clients are sometimes nervous at the prospect of hiring an attorney.  Horror stories of those who were treated poorly by attorneys abound. So our policy is to guarantee that will never happen to our clients.  […]

How Much is an Idaho Probate?

The costs for probate vary.  And it is important to be sure you’re looking at an all-inclusive figure. That should include not only the attorney fees, but the court filing fees, the cost to publish the Notice to Creditors in a local newspaper, the cost to prepare and record any necessary deeds, etc. At our […]

How Can I Avoid Probate?

There are really two ways to avoid probate: Piecemeal Approach:  You can name beneficiaries on each of your bank and brokerage accounts, place your real estate into joint ownership with the persons that you want to inherit the property, put children’s names on vehicle titles, etc.  But bear in mind that placing real estate and […]

Widows & Probate in Idaho

Perhaps the least understood aspect of probate is the fact that surviving spouses are not exempt. If a married man or woman passes away, the surviving spouse will have to hire a lawyer and go through the six-month probate process just like everyone else.  And that is the case even where the deceased spouse left […]

When is Probate Required?

No, probate is not always required when a person passes away. People who do no own extensive property and possessions when they pass away are exempt.  Other people avoid probate by establishing Living Trust or Family Trust for the specific purposes of avoiding that process. But for those who own a more substantial amount of […]

Wit & Wisdom

You don’t have to burn books to destroy a culture. Just get people to stop reading them.

- Ray Bradbury


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