Boise Probate Attorneys, Family Law Lawyers and Boise Divorce Attorneys, call (208) 472-2383
As a Boise Probate Attorney I am always preaching about the importance and the benefits of writing a will. A will, along with an estate plan, helps you to distribute your property and your wealth the way you want upon your death.
As a Boise Divorce Attorney, I am also always reminding people that they need to change their wills if they get a divorce.
Settling your estate in probate after a divorce can get complicated and expensive for your heirs if the will is not cleaned up after divorce. Failure to remove property that you no longer own or failure to remove your ex spouse's name and include your new spouse leaves your estate open to attack. In probate, the will of the testator is an important factor, but there is nothing more clear than removing your ex spouse's name from the will.
Take the advice of a Boise Divorce Attorney, before you need a Boise Probate Attorney. Always change your will if you have gotten a divorce.
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call (208) 472-2383. You can also visit our website for helpful information concerning divorce and probate. Here you will find a quick contact form. You can fill out the form and one of our attorneys will get right back to you.
Monday, April 4, 2011
Friday, April 1, 2011
Boise Divorce Attorney - Boise Family Law Lawyers - Idaho Criminal Attorneys - Family Lawyer - Criminal Lawyer
Boise Divorce Attorney Lawyers, Boise Custody Attorneys Lawyers, Boise Criminal Lawyer, Idaho Family Law, call (208) 472-2383, divorce, custody, family law including modification, visitation, child support, termination, adoption and domestic violence and all crime in Idaho.
As a Boise Divorce Attorney I regularly get calls about domestic violence and crime effecting the marital state. These crimes often revolve around divorce. There are two categories of violence effecting the marital state. The first is domestic violence. Boise Divorce Lawyers see this as a regular part of their divorce practices. In the case of domestic violence a party or their lawyer will file for a temporary restraining order. Attorneys file for an ex parte hearing. What this does is allows the person who is alleging abuse to get an expedited hearing and the restraining order in place before any harm or before further harm is done. These are often used in the divorce context because the marital union is breaking down. They often also involve custody disputes. Judges, and Boise Divorce Attorneys, however, do not like it when these are used in an attempt to keep the other partner away out of spite, rather than for true threat of violence.
Once a temporary restraining order has been put in place, the party against whom the order is issued is given an expedited hearing so that they or their divorce lawyer can present evidence why the order should not stand. If the judge finds there are no grounds for the temporary order he or she will dismiss it. If the judge, however, finds grounds a no-contact order will be issued. This means that the parties are to have no contact, except through their attorneys for necessary things like those things pertaining to the divorce or custody.
Another situation where crime enters the marital union and where it may be necessary to have a Boise Criminal Lawyer in addition to your Boise Divorce Attorney, is malicious injury to marital property. This is a fancy name for intentional and malicious destruction of community property assets. This is a crime in Idaho and the penalty depends upon the value of the property, or the aggregate value of the properties destroyed. If the value is $1,000 or less, the penalty carries up to a 1 year jail sentence, a $1,000 fine or both. This is a misdemeanor charge. If the value of the property is greater than $1,000 there is a minimum 1 year but up to 5 years in prison, up to a $1,000 fine and the crime is a felony.
If this issue is raised in the divorce context within the divorce court, a judge may deal with it there. Boise Divorce Attorneys often see destruction of property as an issue in divorce court. The issue will be dealt with as a criminal law issue in criminal court if a criminal complaint is filed. Filing the criminal complaint will require contacting the police and filing a report. If the complaint is warranted, the police will forward the complaint to the prosecuting attorney, the state's lawyers, and charges will be filed.
If you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383 or visit our website. At our website you will find a quick contact form. If you fill it out, one of our attorneys will get right back to you. Please be sure to tell our lawyers the best way to contact you.
As a Boise Divorce Attorney I regularly get calls about domestic violence and crime effecting the marital state. These crimes often revolve around divorce. There are two categories of violence effecting the marital state. The first is domestic violence. Boise Divorce Lawyers see this as a regular part of their divorce practices. In the case of domestic violence a party or their lawyer will file for a temporary restraining order. Attorneys file for an ex parte hearing. What this does is allows the person who is alleging abuse to get an expedited hearing and the restraining order in place before any harm or before further harm is done. These are often used in the divorce context because the marital union is breaking down. They often also involve custody disputes. Judges, and Boise Divorce Attorneys, however, do not like it when these are used in an attempt to keep the other partner away out of spite, rather than for true threat of violence.
Once a temporary restraining order has been put in place, the party against whom the order is issued is given an expedited hearing so that they or their divorce lawyer can present evidence why the order should not stand. If the judge finds there are no grounds for the temporary order he or she will dismiss it. If the judge, however, finds grounds a no-contact order will be issued. This means that the parties are to have no contact, except through their attorneys for necessary things like those things pertaining to the divorce or custody.
Another situation where crime enters the marital union and where it may be necessary to have a Boise Criminal Lawyer in addition to your Boise Divorce Attorney, is malicious injury to marital property. This is a fancy name for intentional and malicious destruction of community property assets. This is a crime in Idaho and the penalty depends upon the value of the property, or the aggregate value of the properties destroyed. If the value is $1,000 or less, the penalty carries up to a 1 year jail sentence, a $1,000 fine or both. This is a misdemeanor charge. If the value of the property is greater than $1,000 there is a minimum 1 year but up to 5 years in prison, up to a $1,000 fine and the crime is a felony.
If this issue is raised in the divorce context within the divorce court, a judge may deal with it there. Boise Divorce Attorneys often see destruction of property as an issue in divorce court. The issue will be dealt with as a criminal law issue in criminal court if a criminal complaint is filed. Filing the criminal complaint will require contacting the police and filing a report. If the complaint is warranted, the police will forward the complaint to the prosecuting attorney, the state's lawyers, and charges will be filed.
If you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383 or visit our website. At our website you will find a quick contact form. If you fill it out, one of our attorneys will get right back to you. Please be sure to tell our lawyers the best way to contact you.
Monday, March 14, 2011
Boise Probate Attorneys - Idaho Estate Planning Lawyers - Boise, Idaho Law Firm - Durable Power of Attorney
Boise Probate Attorneys, Idaho Estate Planning Lawyers, Probate, Wills, Estates and Trusts, call today (208) 472-2383 or visit www.kershisniklaw.com Free Consultation
As a Boise Probate Attorney I often get calls from people wanting to know what they can do if they have property in the jurisdiction that needs to be tended to while they are out of the state. Or, another form of this question Boise Probate Attorneys hear is what do you do when you leave your children in the jurisdiction with a babysitter while you leave the country?
These types of issues can easily be handled with a Power of Attorney. A Power of Attorney gives someone you choose, your authority to handle your personal matters while you are away or incapable (having surgery, for example).
Idaho has specific requirements for Powers of Attorney. If it is in the proper form and properly executed the Power of Attorney has the same effect as if it were you handling your affairs. So, for example, if you are planning on going to Europe and you are leaving your young children at home with a babysitter you would want to execute your Power of Attorney, designating the babysitter or another trusted adult as the your agent. This would allow the babysitter or the adult to take the child to the doctor or the hospital and authorize medical care, or to call the child in sick from school or the like. If you don't leave a Power of Attorney the doctor or the hospital could deny the child care because you would lack authorization to get the care. The same goes for your financial affairs. If you have a piece of property listed for sale but you find that you will be out of the country and the property might sell before you return, you would execute a Power of Attorney authorizing your agent to sign the sale documents for you.
A Power of Attorney can limit the attorney in fact's power to a specific transaction or it can be a general power in case something uncontemplated arises.
Why is a Power of Attorney something Probate or Estate Planning Lawyers deal with? The law governing Powers of Attorney falls under the Idaho Uniform Probate Code. The Idaho Probate Code deals with Estates, Wills, Trusts and Probate and so Probate Lawyers are very familiar with Powers of Attorney.
What happens if you execute a Power of Attorney and someone refuses to accept it? If it is in the proper form and properly executed, anyone with whom you would deal with in person must accept the Power of Attorney and the actions of your designated attorney in fact. If they don't, unless they have a justifiable reason as outlined in the Idaho Probate Code, they will be ordered by an Idaho Court to accept it and will be ordered to pay your attorneys fees associated with having to hire a lawyer and going to court to make them accept it.
What happens if your attorney in fact makes a decision that you as the principal would not have made? The down side of a Power of Attorney is that you are bound by their decision, just as if you had made the decision yourself. It is important to choose your attorney in fact carefully and it goes without saying that it should be someone you trust.
There are numerous other situations where you could use a Power of Attorney, but these two examples give a idea of what an effective tool they can be.
If you need a Power of Attorney, need to speak with a Boise Probate Attorney or a Boise Estate Planning Lawyer, please call, (208) 472-2383.
As a Boise Probate Attorney I often get calls from people wanting to know what they can do if they have property in the jurisdiction that needs to be tended to while they are out of the state. Or, another form of this question Boise Probate Attorneys hear is what do you do when you leave your children in the jurisdiction with a babysitter while you leave the country?
These types of issues can easily be handled with a Power of Attorney. A Power of Attorney gives someone you choose, your authority to handle your personal matters while you are away or incapable (having surgery, for example).
Idaho has specific requirements for Powers of Attorney. If it is in the proper form and properly executed the Power of Attorney has the same effect as if it were you handling your affairs. So, for example, if you are planning on going to Europe and you are leaving your young children at home with a babysitter you would want to execute your Power of Attorney, designating the babysitter or another trusted adult as the your agent. This would allow the babysitter or the adult to take the child to the doctor or the hospital and authorize medical care, or to call the child in sick from school or the like. If you don't leave a Power of Attorney the doctor or the hospital could deny the child care because you would lack authorization to get the care. The same goes for your financial affairs. If you have a piece of property listed for sale but you find that you will be out of the country and the property might sell before you return, you would execute a Power of Attorney authorizing your agent to sign the sale documents for you.
A Power of Attorney can limit the attorney in fact's power to a specific transaction or it can be a general power in case something uncontemplated arises.
Why is a Power of Attorney something Probate or Estate Planning Lawyers deal with? The law governing Powers of Attorney falls under the Idaho Uniform Probate Code. The Idaho Probate Code deals with Estates, Wills, Trusts and Probate and so Probate Lawyers are very familiar with Powers of Attorney.
What happens if you execute a Power of Attorney and someone refuses to accept it? If it is in the proper form and properly executed, anyone with whom you would deal with in person must accept the Power of Attorney and the actions of your designated attorney in fact. If they don't, unless they have a justifiable reason as outlined in the Idaho Probate Code, they will be ordered by an Idaho Court to accept it and will be ordered to pay your attorneys fees associated with having to hire a lawyer and going to court to make them accept it.
What happens if your attorney in fact makes a decision that you as the principal would not have made? The down side of a Power of Attorney is that you are bound by their decision, just as if you had made the decision yourself. It is important to choose your attorney in fact carefully and it goes without saying that it should be someone you trust.
There are numerous other situations where you could use a Power of Attorney, but these two examples give a idea of what an effective tool they can be.
If you need a Power of Attorney, need to speak with a Boise Probate Attorney or a Boise Estate Planning Lawyer, please call, (208) 472-2383.
Thursday, March 10, 2011
Boise Probate Attorneys - Idaho Estate Planning Lawyers - Non Probate Transfers
Boise Probate Attorneys, Idaho Estate Planning Lawyers, Probate, Wills, Trusts and Estate Planning, call (208) 472-2383 or visit www.kershisniklaw.com or www.lawboiseid.com - Free consultation.
Boise Probate Attorneys are often asked what, if anything, is a non probate transfer and why would someone want something to be transferred outside of a will? Firstly, you can avoid potential inheritance tax for your heirs if you transfer property outside of a will. Secondly, there are many ways to transfer property or income outside of your estate resulting in a non probate transfer.
Common ways Idaho Estate Planning Lawyers by-pass the testamentary transfer of property is through non probate transfers. Examples of these are trusts that are created during the lifetime of an individual. Idaho Estate Planning lawyers create a inter-vivos trust where the individual transfers all their property to the trust, but they retain control of the property during their lifetime. The trust names beneficiaries and upon the death of the individual the property passes to the beneficiaries without the need to go through probate.
Estate Planning Attorneys also often have their clients use life insurance as a way to pass income outside a testamentary devise. The insurance policy can potentially transfer a much larger sum of money than the individual paid in, and the proceeds from the life insurance policy transfer outside of the estate making a non probate transfer.
Another way to pass income outside of probate is through the use of bank accounts. If you have a joint account and one of the parties dies, the balance in the account becomes the property of the other party named on the account. Another bank account method to by-pass probate is the "Totten Trust" A Totten Trust is basically a P.O.D. account. By designating a bank account as a Totten Trust, payable on death to named beneficiaries, Probate Attorneys are able to help their clients create a trust to pass money outside of probate.
For other ways to create non probate transfers or if you need to speak to a Boise Probate Attorney or an Idaho Estate Planning Lawyer, please call (208) 472-2383.
Boise Probate Attorneys are often asked what, if anything, is a non probate transfer and why would someone want something to be transferred outside of a will? Firstly, you can avoid potential inheritance tax for your heirs if you transfer property outside of a will. Secondly, there are many ways to transfer property or income outside of your estate resulting in a non probate transfer.
Common ways Idaho Estate Planning Lawyers by-pass the testamentary transfer of property is through non probate transfers. Examples of these are trusts that are created during the lifetime of an individual. Idaho Estate Planning lawyers create a inter-vivos trust where the individual transfers all their property to the trust, but they retain control of the property during their lifetime. The trust names beneficiaries and upon the death of the individual the property passes to the beneficiaries without the need to go through probate.
Estate Planning Attorneys also often have their clients use life insurance as a way to pass income outside a testamentary devise. The insurance policy can potentially transfer a much larger sum of money than the individual paid in, and the proceeds from the life insurance policy transfer outside of the estate making a non probate transfer.
Another way to pass income outside of probate is through the use of bank accounts. If you have a joint account and one of the parties dies, the balance in the account becomes the property of the other party named on the account. Another bank account method to by-pass probate is the "Totten Trust" A Totten Trust is basically a P.O.D. account. By designating a bank account as a Totten Trust, payable on death to named beneficiaries, Probate Attorneys are able to help their clients create a trust to pass money outside of probate.
For other ways to create non probate transfers or if you need to speak to a Boise Probate Attorney or an Idaho Estate Planning Lawyer, please call (208) 472-2383.
Sunday, March 6, 2011
Boise Probate Attorneys - Idaho Estate Lawyers - Where to File Probate
Boise Probate Attorneys, Idaho Estate Lawyers, Wills, Estates and Trusts, call (208) 472-2383 or visit www.kershisniklaw.com, Kershisnik Law, PLLC
As a Probate Attorney one of the most frequently asked questions I hear is, "where do you file probate?" Idaho Uniform Probate Code says that probate should be filed in the county where the deceased person was domiciled at the time of death. That works fine and well if the decedent lived in Idaho at the time of their death. This leads to the second most frequent question I hear as a Probate Lawyer, "if Uncle Joe didn't live in Idaho, but had property here can we probate the will in Idaho?" The answer to that question is, yes. The Idaho Uniform Probate Code says that a will can go through probate in an Idaho Court if the decedent did not live in Idaho at the time of death but has property located here.
What Idaho Code 15-3-201 does as a practical matter is it uses domicile, or if their is not domicile, property, to determine where probate will be heard. Probate lawyers see it as a first come first serve basis. If the decedent didn't live in Idaho at the time of death but had property in Ada County, Boise County and Idaho County, the named personal representative can choose which county to bring probate in. If the first proceeding is an informal probate, a probate attorney can request a second formal proceeding and it is possible to transfer the probate to another county upon the finding that the other venue is more proper. Otherwise, the probate will remain in the first county and that county will order the probate to be carried out, even if their is property in other counties. Probate Attorneys know that domicile is always the best way to establish venue, but that is not always possible.
As a Probate Attorney one of the most frequently asked questions I hear is, "where do you file probate?" Idaho Uniform Probate Code says that probate should be filed in the county where the deceased person was domiciled at the time of death. That works fine and well if the decedent lived in Idaho at the time of their death. This leads to the second most frequent question I hear as a Probate Lawyer, "if Uncle Joe didn't live in Idaho, but had property here can we probate the will in Idaho?" The answer to that question is, yes. The Idaho Uniform Probate Code says that a will can go through probate in an Idaho Court if the decedent did not live in Idaho at the time of death but has property located here.
What Idaho Code 15-3-201 does as a practical matter is it uses domicile, or if their is not domicile, property, to determine where probate will be heard. Probate lawyers see it as a first come first serve basis. If the decedent didn't live in Idaho at the time of death but had property in Ada County, Boise County and Idaho County, the named personal representative can choose which county to bring probate in. If the first proceeding is an informal probate, a probate attorney can request a second formal proceeding and it is possible to transfer the probate to another county upon the finding that the other venue is more proper. Otherwise, the probate will remain in the first county and that county will order the probate to be carried out, even if their is property in other counties. Probate Attorneys know that domicile is always the best way to establish venue, but that is not always possible.
Monday, February 28, 2011
Boise Divorce Attorneys and Powers of Attorney for Military Deployment
As a Boise Divorce Attorney I regularly hear from military personnel who have had a divorce, have a custody and visitation schedule in place and now are being deployed. They are often very concerned that the deployment will interfere with their custody and visitation schedule.
There are many protections for military personnel under Idaho and federal law. One of those has to do with custody and visitation upon deployment. Idaho law allows a soldier to delegate their custody and visitation rights with the use of a power of attorney while they are deployed. The power of attorney is effective for up to three years.
Divorce lawyers often suggest that their clients use this tool to preserve the existing custody and visitation schedule. It is often the best choice when the child is close with their grandparents and they would benefit from continued contact with them. It is also often the best choice if their are step siblings in the home and continued contact with them would be beneficial.
Another option that custody attorneys use is to alter the custody and visitation schedule by mutual agreement and without prejudice. This may be the best choice if their are no grandparents or step-sibling around. Custody lawyers will use this option in these circumstances so that there are not multiple trips to the court for modification.
This is not to say that the other party may not hire a custody attorney and try to show that the deployment is a material change in circumstances and that it is not in the best interest of the child to have visitation with a party delegated by the soldier. As a Boise Divorce Attorney I can tell you that Idaho and federal law protects military personnel in this circumstance. However, it ultimately is up an Idaho Court to decide.
If you need to speak with a Boise Divorce Attorney or a Boise Custody Lawyer, please call (208) 472-2383 or for more information visit www.lawboiseid.com
There are many protections for military personnel under Idaho and federal law. One of those has to do with custody and visitation upon deployment. Idaho law allows a soldier to delegate their custody and visitation rights with the use of a power of attorney while they are deployed. The power of attorney is effective for up to three years.
Divorce lawyers often suggest that their clients use this tool to preserve the existing custody and visitation schedule. It is often the best choice when the child is close with their grandparents and they would benefit from continued contact with them. It is also often the best choice if their are step siblings in the home and continued contact with them would be beneficial.
Another option that custody attorneys use is to alter the custody and visitation schedule by mutual agreement and without prejudice. This may be the best choice if their are no grandparents or step-sibling around. Custody lawyers will use this option in these circumstances so that there are not multiple trips to the court for modification.
This is not to say that the other party may not hire a custody attorney and try to show that the deployment is a material change in circumstances and that it is not in the best interest of the child to have visitation with a party delegated by the soldier. As a Boise Divorce Attorney I can tell you that Idaho and federal law protects military personnel in this circumstance. However, it ultimately is up an Idaho Court to decide.
If you need to speak with a Boise Divorce Attorney or a Boise Custody Lawyer, please call (208) 472-2383 or for more information visit www.lawboiseid.com
Thursday, February 24, 2011
Boise Attorneys
Welcome to the new blog for Boise Attorneys at Kershisnik Law. In this blog our lawyers will discuss various issues effecting the areas of law our Boise attorneys practice. These include divorce, custody, probate, DUI, criminal law, personal injury, employment law and small business law. We welcome your readership and look forward to blogging with you.
If you need to speak with a lawyer in Boise, Idaho or have issues you would like to discuss with one of our attorneys, please call (208) 472-2383 or visit us at www.kershisniklaw.com or www.lawboiseid.com
If you need to speak with a lawyer in Boise, Idaho or have issues you would like to discuss with one of our attorneys, please call (208) 472-2383 or visit us at www.kershisniklaw.com or www.lawboiseid.com
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