Law Journal

Keeping my Property from the State?

I’m occasionally asked whether the property of a person who passes away without a Will simply goes to the state. The answer is:  Rarely. Instead the state effectively creates a Will for that person.  Specific statutes dictate who will inherit a person’s property in the absence of a Last Will and Testament. The list starts […]

Out-of-Town Clients?

How can an out-of-town client be helped?  Or even an out-of-state client? The practical answer is:  It depends. A person who needs assistance with a probate proceeding can use this office regardless of the county in which the probate is to occur.  We can normally use an “informal” process that does not involve any trial […]

BARRY PETERS: Satisfaction Guaranteed!

The policy of this office is simple:  Unless you are fully satisfied with our services, no legal fees will be charged. No conditions.  No exceptions.  Just full satisfaction. __________________________ Author: Barry Peters. For additional easy-to-understand information on Wills, Trusts, and Probate, call attorney Barry Peters’ offices at (208) 939-2600 for your expedited appointment for a FREE […]

Costs of Idaho Probate?

The financial cost of probate includes several different expenses.  Court filing fees.  Cost to publish the Notice to Creditors in a local newspaper.  Cost to prepare and record the deed to move property into the name of the rightful heirs.  And, of course, the attorney fees. Altogether, the total should be in the $2,000 to […]

Dodging Probate

Sparing one’s heirs the requirement of going through probate necessitates pre-planning.  In the absence of a plan, probate is the default requirement. So, how can probate be avoided? There are normally two ways: A person can cobble together a variety of individual steps to insure that each asset can pass to his chosen heirs.  Specifically, […]

Probate by Surviving Spouse?

Perhaps the single most widely-held misconception about probate here in Idaho is the notion that surviving spouses are exempt from the probate requirement. They are not.  If a married person passed away with either a Simple Will or no Will at all, the surviving spouse of that person will normally be required to go through […]

Probate: Is it Always Required?

No, probate is not always required. Whether or not it is required is determined by the answers to two questions: Did the person who passed away own any real estate? If so, probate is normally required unless special steps were taken to avoid that requirement. Did the person who passed away leave total accounts and […]

BARRY PETERS: Medicaid Liens?

When a person can no longer take care of housing and feeding himself or herself, the federal Medicaid program insures that suitable housing and feeding are available. But before the government steps in to bear the cost of that assistance, it requires that the person’s own resources must first be exhausted.  In other words, a […]

Probate: What is it?

In its simplest form, probate is the legal process that makes sure that the right people inherit the property and possessions of a person who has passed away. Without the legal probate process, the situation can turn into a free-for-all, or worse. The probate process is initiated with a petition filed with the probate court […]

Gun Trusts?  In Idaho, Who Needs Them?

Gun trusts are a very good idea for a few gun owners. For most people who own firearms, they are not necessary. Here’s the dividing line:  People who own firearms that are subject to special federal registrations and restrictions, a gun trust is needed. But most people who own weapons do not own any of […]

Wit & Wisdom

One word spake with quiet grace, the flinted heart may melt.

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