Facing the prospect of death or incapacity is never easy, but with proper planning, you won’t be overwhelmed by the legal or financial complications that can accompany the situation. The Boise Law Firm, PLLC can help you establish a well-thought-out estate plan that allows you to guard against all contingencies that may occur and to provide protection for your property, finances and medical care. We have conveniently located offices in Boise and Meridian, Ohio to serve your needs.
Although Idaho law does not require an attorney to help draft a will, getting legal counsel will reduce the chances of your will being challenged and help to avoid delays in the probate process. Idaho law lets a new will revoke a prior will, but without informed legal counsel drafting it, this may face challenges in court. We can help you create a will that distributes property, establishes care for loved ones and otherwise expresses your final wishes clearly and decisively.
An important part of any will is choosing an executor to deal with the financial and legal issues of your estate. Many people turn to family, but family members may have personal interests in your estate or be distraught and emotional following a death, and they may end up liable for unpaid taxes or fines. Professional executors may be better able to resolve any conflicts without getting caught up in them and make things easier for grieving family members.
Assets over $100,000 are subject to probate proceedings in Idaho. A living trust can avoid probate of certain assets by placing them in the hands of a designated trustee during your lifetime and passing them to a successor trustee upon your death. A living trust can be revocable, which allows you to change or cancel it, or irrevocable, with terms that are permanent upon signing. Living trusts can even avoid estate taxes. However, you need a will as well to provide for any incidental or unconsidered property.
A living will is a health care directive that allows you to choose what procedures you wish to undergo in attempts to keep you alive, in case of incapacity. It must be made by someone who is:
Living wills may be overridden during the course of pregnancy for the baby’s health. We can give you the guidance you need in this area.
A guardian and/or a conservator may be appointed for a developmentally disabled or otherwise incapacitated person who lacks the ability to make informed decisions about care or finances. Guardians guarantee clean clothes, food, transportation, medical care and a residence but don’t usually handle finances. A conservator is charged with managing the person’s financial affairs. You can benefit from our experience with professional guardians and conservators as well as with helping family members establish and provide the necessary paperwork for guardianships.