What We Do Best

Wills - Trusts - Probate - Medical POA

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Probate

Probate is the process by which a will is administered after a loved one dies. If there is no will, probate is necessary to transfer assets to legal heirs. Probate is intended to help you transfer, in an orderly manner, the property of a deceased loved one or relative to those persons entitled to inherit.

 

In most cases, probate is uncontested. But, an attorney is important it to help you navigate the legal system and avoid problems. At the most basic levels, the probate process involves two steps including paying debts owed and transferring assets to beneficiaries and/or heirs.

 

No one wants to plan for when they are gone. However, there is a lot of peace and contentment in knowing that your plan is set and that your loved ones will be able to manage your estate without consternation when you are gone.

 

Planning your estate with a Will or Trust allows you to be assured that your family and loved ones are cared for. We can assist you in drafting a will or medical documents to prepare for a difficult situation in the future so that you will not need to worry about it again.

 

For those who are dealing with the loss of a loved one, we are prepared to help you through that process as well. We can assist you in creating an estate, taking care of property, paying debts, and knowing which steps need to be taken, and which do not.

 

Our goal is to make sure you and your family are cared for, that your assets are distributed as you would like, and that any family members you leave behind will be cared for. This could include adult children or friends, or it may include guardianship and care for children left behind.

 

Probate is the process wherein a court gives a personal representative or executor the authority and guidance to create and administer an estate in paying debts, making arrangements for minor children, and distributing assets of the decedent in the way that person wanted.

 

They are often uncontested, yet they need to be administered correctly to prevent problems or contest in the future. We will work to help you plan to avoid conflict in the future amongst your loved ones, and at the time the probate is needed we are prepared to help make sure the important steps are taken and that all beneficiaries are treated fairly.

 

As much as possible the assets left in an estate should be given to the beneficiaries of the estate and we are committed to keeping as much of that there as possible by avoiding any unnecessary court process and making sure that it is done right to avoid any conflict or improper action.

 

Writing a Will is an important step in preparing for this process, but no direction in the will are automatically carried out.

 

Only a court in the proper jurisdiction or county has the authority to give you the ability to act on behalf of a decedent, a person who has passed away.

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Wills and Trusts

Wills:  When a person passes away without a Will, there are statutes, known as intestate laws, to help administer an estate for someone who has not left a Will.

 

These laws do their best to divide a person’s assets the way the legislature assumed that person would probably want. Unfortunately, they often get it wrong. It is far safer to ensure your desires are laid out the way you would like in your Will.

 

In a Will you can state how and to whom you want your assets and property distributed. You have the opportunity to be specific or state how it should be distributed.

 

We will work with you to make sure any instructions on your burial, cremation, or funeral are included.

 

We will specify your family members and loved ones in the will so that those you wish to receive a distribution of funds or assets will no matter what intestate law says.

 

We will clarify any connection to a testamentary trust or guardianship to ensure family members who may be more vulnerable, or are children, are cared for. 

 

We will establish your personal representative to carry out your will and discuss any other issues of debt will be properly cared for.

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Trusts:  Some Trusts are Inter Vivos Trusts to be enacted while you are living and some are testamentary, which means they are only enacted after your death.

 

A testamentary trust can be used to ensure that there is care and oversight in administering your estate’s assets to beneficiaries who are still children when the estate is created, or to those who are not capable of making wise decisions with funds.

 

Trusts can be an effective and protective measure to making sure your loved ones are cared for after you are gone.  A trust will be administered by a trustee according to the rules laid out in the trust.

 

We lay out multiple instructions to give the Trustee the ability to carry out the trust purpose for the protection of your loved ones, while also leaving enough authority to make proper decisions depending on what unexpected situation the Trustee may face.

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Medical Power of Attorney

Power of Attorney documents are often completed alongside an estate plan and a will.

They are similar in that they also give the power you possess to another to administer on your behalf when you need assistance or are unable to.

 

They are very different than testamentary documents, like a Will, because they do not become active when a person passes away.

 

Instead, they carry authority and directions to act on your behalf while you are living.

 

A Durable Power of Attorney for Healthcare gives general powers to make medical decisions, check you in and out of a medical facility, give consent to treat or for discharge, or to obtain medical records.

 

The Durable Power of Attorney for Healthcare works closely with the Living Will.

 

The Living Will gives you the opportunity to make important decisions for your health care in the much more narrow and limited scope of a life-or-death situation in which two doctors find that you are being maintained by life support artificially or in a vegetative state.

 

The Living Will states what your desires are in that situation so that your desires will be carried out. It also protects your appointed attorney-in-fact from facing any blame for a decision you yourself had made for yourself.

Filing A Probate

When a person passes away in Idaho it is always important for a formal or informal probate to be filed.

 

Most probates in Idaho are informal probates. We will be with you to ensure that probate is properly filed.

 

Many think that they do not need to file a probate when a spouse passes away because Idaho is a common law state.

 

This is not the case, there are no exceptions to this and so transferring property can become far more difficult later.

 

There are, however, options for a surviving spouse in order to easily and efficiently take care of an estate.

 

We will help you create an estate, and also ensure that proper notices to interested parties are filed, that the crucial notice to creditors is filed with the court and published in the newspaper and assist you in creating the inventory for your estate.

 

With guidance, it is a manageable process, and we will be with you at each step.

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