Author: Tim Jones

Categories
Uncategorized

International Probate

If you have a recently deceased family member who was a sales person for an Idaho company, you may be entitled to receive funds from that company.

Idaho is home to many international companies. Specifically, many companies that rely on multi-level marketing (MLM) strategies and similar selling strategies (such as word-of-mouth marketing) do quite well in Idaho. Idaho companies include Melaleuca, Scentsy, Kyani, Jerky Direct, AIM International, Damsel in Defense. These companies rely on individuals who sell their products, or in some cases rely on individuals who assist new customers in setting up accounts. These people are sometimes called “Marketing Executives” or “Independent Sales People.”

If you believe your relative worked for one of these companies, or another company in Idaho, give us a call. We recently assisted an international client, whose relative had recently passed away, in getting money from that relative’s business account–in an amount well over $100,000. We can help individuals in any part of the world–Asia, Europe, South American, and elsewhere–in doing the same.

 

Categories
Uncategorized

Small Estate Affidavit instead of Probate

Bank managers tell me that people frequently come to a bank to try to close out an account for a deceased relative. Individuals attempt to sell vehicles of their deceased relatives but cannot do so as long as their relative’s name is still on the title. If that deceased relative owned real estate (such as a home) or had a net worth of $100,000 or more, in Idaho probate is probably going to be the best way to get to the money in the bank account or sell the vehicle, as probate will be necessary anyway. The relative should contact a probate attorney in order to move forward with the probate process. But if the deceased died without real estate and with an estate of less than $100,000, there is probably an easier way to get to that bank account, or get the vehicle sold.

That easier way is called a “Small Estate Affidavit.” It is typically a one or two-page document which an attorney writes up for you, and which you sign in front of a notary. It does not need to be filed in any court. You don’t have to pay the filing fee and your attorney has substantially less work to do, and so a small estate affidavit is considerably cheaper than probate.

Once you schedule your appointment with an Idaho Falls probate attorney, you’ll come in with a copy of the death certificate, identification for yourself, and payment for your attorney. He’ll meet with you, make sure you’re eligible to get a Small Estate Affidavit done instead of probate, and write up the Affidavit. You’ll sign it in front of a notary. Your attorney should provide you with copies, which you can take to the bank and other places that may request it.

Categories
Divorce and Family Law

Update on Adoption in Idaho

Gay marriage is now legal in Idaho.  Does that change how gay couples can adopt children?

Kind of.  Even at the beginning of 2014, prior to gay marriage being legal in Idaho, gay couples could adopt.  This was a statewide ruling, affecting every court in the state.  So the change in gay marriage laws didn’t alter that reality.  What the change did do, however, is make it harder for Idaho to enact a law forbidding gay couples from adopting.  Such a law would have very little chance of surviving now.  The change also made adoptions by gay couples easier.  I’ve posted earlier about the difficulty of a couple adopting when they’re not married.   A married gay couple may have an easier time adopting a child than an unmarried gay couple would.

The important thing to remember–for all couples–is this.  If you have a child with only one legal parent, what happens to that child if something were to happen to the parent?  If you’re married, and one of you has a child, you may want to consider having your spouse adopt the child.  That way, if something happens to you, the child goes to the other parent instead of, say, grandparents, or somewhere else.  A step-parent has no parental rights.  If you consider the child yours, but the child is not yours biologically, then you should consider an adoption.

Speak to a family law attorney about the possibility, as well as the benefits and downsides, of adoption.

Categories
Divorce and Family Law

Should I Terminate my Parental Rights

Should I terminate my parental rights?

Allowing or agreeing to a termination of your parental rights is an important decision that should not be taken lightly.  The decision to terminate your legal relationship to your child is a permanent decision.  Once made, your are no longer legally the parent.  You no longer have any right to custody or visitation.

Typically a court in Idaho only terminates parental rights under two circumstances (although there are exceptions).  First, when a step-parent wishes to adopt and the terminating parent agrees to terminate their parental rights; and second, when there has been abandonment, abuse, or neglect and either the State of Idaho or the other parent want to terminate parental rights.

If you don’t respond to termination paperwork served on you, and you don’t show up to the hearing, you have in essence agreed to give up your parental rights.  Make sure you respond with your own filing, and make sure you show up at the hearing.

The State of Idaho–or the other parent–typically need to provide convincing evidence to the judge in order for your parental rights to be terminated without your consent.  Most of the examples I’ve seen where termination has been granted involve either a parent who is served and just doesn’t show up to the hearing or file any response, or a parent who has significant drug or alcohol addictions that they don’t overcome.  If the parental rights of both parents are terminated, foster parents care for the child, and the child is eventually put up for adoption, sometimes, if possible, with a relative.

There is one advantage to agreeing to terminate your parental rights–you won’t owe any future child support payments.  If you’re behind on child support, you’re still responsible to make missed payments–but once the child is no longer legally yours, you no longer have to pay child support for future months. 

There are of course other valid reasons to terminate your parental rights, depending on your individual circumstance.  However, it is not a decision that should be made lightly.  You should discuss the issue with individuals close to you, and also with an Idaho Family Law attorney, before you make that decision.

Categories
Divorce and Family Law

Who Does the Ring Belong to?

Some of the marriage and engagement related stories that seem to show up on the news with some frequency involve rings, and more specifically, the issue of who the ring belongs to.

The general rule is that an engagement ring is given in expectation that the engagement will turn into a marriage.  Typically, if the engagement is broken off, that ring belongs to the person who gave it.  Women who receive an engagement ring should, under the laws of most states including Idaho, give that ring back.  If the woman sells or “loses” the ring (say, she throws the ring into the Snake River) she’s responsible for reimbursing the value of the ring to her ex-fiance.

There are exceptions to this; notably, if the woman can prove that the ring was given for a reason other than the engagement.  For example, if the man texts her and tells her that the engagement ring is a “parting gift,” she may be able to keep it even if he later changes his mind.  This scenario is one where attorneys may need to get involved.

Of course, once a couple is married, that scenario changes.  The engagement has turned into a marriage, and the ring now belongs entirely to the person who received it.  In fact, because it was a gift to that individual, the ring is considered separate property, and the value of that ring will not be divided if the couple later divorces.  So, if a couple has $40,000 of assets earned during the marriage, plus his $60 wedding band and her $40,000 engagement ring, in a divorce he’ll get half of the $40,000 of community property assets and his $60 wedding band, and she’ll get half of the $40,000 community property and her $40,000 engagement ring. 

Categories
Estate Planning

Property in Trust

Several years ago, many people in the Idaho Falls area, due to pushy sales campaigns, bought trusts and placed their property in trust.  People changed the names on their deeds to the name of the trust.

Problem is, many of these trusts have gone missing–if they even existed at all.  When the person who bought the trust passes away, their family may or may not have a will, but if they don’t have the trust, it’s difficult to probate the property because the property is in the name of the trust.

In other words, the family can’t sell the property without spending quite a bit of money on an attorney to get the name on the deed changed.

Don’t leave your family in this position.  Check your current deed.  If it names a trust, make sure you and your children have copies of that trust.  If you can’t find the trust, do whatever you can to change the name on that deed now, before it becomes a major headache for your children.

I’ve posted previously about whether a trust is something you really need or not.  For most people in the Idaho Falls area, it’s not–a simple will should be enough.  I can assist you in making that decision.  If you’re trying to do probate on a deed that lists a missing trust as the owner, give me a call, and we can fix it.

Categories
Estate Planning

Life Insurance Beneficiaries

If you have life insurance–regardless of the type–chances are you told your life insurance company at the time of your application who you wanted as your life insurance beneficiary.

You may have listed a spouse, or perhaps a child or children.

When you created a Will, you also listed beneficiaries.  However–and this is important–your will has nothing to do with who will inherit from your life insurance.

A common example: You set up a will and list your spouse as a beneficiary.  You set up a life insurance policy, and list your spouse as a beneficiary.  Years later, you get a divorce.  After the divorce, you decide to update your will so that your ex-spouse is no longer on it.  Instead, your adult children are the beneficiaries.

At this point, you may think the beneficiaries listed on the will are the individuals who’ll receive your life insurance.  They’re not.  Your ex-husband is still listed as beneficiary on the life insurance policy.  In order for your children to inherit, you’ll need to contact your life insurance company and change the beneficiaries.

Life insurance policies aren’t the only thing a will won’t cover.  Talk to an attorney familiar with estate planning and probate to make sure your loved ones are protected.

Categories
Probate

Probate Complications

The first step to making probate run smoothly is the existence of an original, quality will.  Far too many wills have mistakes that complicate the probate process.

Some examples:

You have a copy of the will, but not the original.

The will is signed incorrectly.

The will was not witnessed correctly.

The will was not notarized.

The will contains hand-written edits.

Problems like these can usually be overcome–an Idaho attorney experienced in probate law can help.  However, these problems are more easily disputed in court, leading to potential headaches if anyone has a problem with the will.  Better to have a will that’s done right in the first place.

Categories
Divorce and Family Law

Can my Boyfriend Adopt my Child?

For information about stepparent adoption, go here: https://attorneytimjones.com/can-my-husband-adopt-my-child/

Can my boyfriend adopt my child?

Maybe.

Many judges in Idaho Falls and the surrounding area tend to have problems with non-spouses adopting.  Although it’s certainly possible in some situations, I generally recommend getting married first.  You’ll most likely have fewer problems with the judge, you’ll pay the adoption attorney less, and the adoption process will be quicker.

 

(Update 2014: an Idaho Supreme Court ruling in early 2014 makes it considerably easier for boyfriends to adopt.  I still recommend being married, if possible, but this new ruling should make the process significantly easier if you’re not married).

Categories
Divorce and Family Law

Can my Husband Adopt my Child?

A surprisingly common situation:

Parents are separated and divorced, or never married.  The mother remarries.  Can the new husband adopt the child?

The answer: it depends.

This is a two-step process: first, the termination of the parental rights of the birth father; and second, adoption.

Typically, if the birth father is exercising some custody or visitation with the child, and doesn’t want to give up being the father, the new husband won’t be able to adopt.

However, if the birth father is totally out of the picture and shows no interest in the child, or if the birth father is willing to give up his parental rights, the new husband will typically be able to adopt.

Adoption, however, is a complicated area of law.  Sometimes, even if all the parties want the adoption to go forward, a judge may deny it.

Contact me, an Idaho Falls adoption attorney, at 208-206-1475 for legal help with your child’s adoption.

Categories
Divorce and Family Law Estate Planning

Power of Attorney for a Minor Child in Idaho

A Power of Attorney for a minor child functions in some limited ways like a guardianship, but there are major differences.

A Power of Attorney allows a non-parent to temporarily take over certain (but not all) parenting responsibilities for a minor child.

Both parents must agree to grant a third party the Power of Attorney, assuming the child has two parents.

The Power of Attorney generally grants to a third party the right to make educational and healthcare decisions for the child during that time.  That third party will want to notify schools and doctors of the existence of the Power of Attorney.

A Power of Attorney generally lasts six months, but you may be able to extend it under certain circumstances.  Many people choose to extend it to 9 months so that the child can spend a full school-year away from home.

Give me a call to discuss your options.  A Power of Attorney is relatively inexpensive, and may be a better option than a Guardianship, depending on your circumstances.

Categories
Divorce and Family Law

Termination of Parental Rights

Sometimes a parent in the Idaho Falls area wants to terminate his or her parental rights, or the parental rights of the other parent.

 

It’s important to realize that, if successful, termination of parental rights results in giving up all rights and responsibilities to the child.  That means no custody or visitation rights, no child support obligations, and no inheritance right.

 

Even if both parents want one parent to lose parental rights, and both sign a Stipulation to that effect, a third party also has a say in the matter.  That third party is the judge.  If the judge is worried that the remaining parent would have difficulty providing for the child alone, the judge–at least in Idaho–may not allow the termination of parental rights.  A judge usually will allow it if a step parent wants to adopt, and both natural parents want the termination of parental rights to go forward.

 

Termination of parental rights is also a possibility when the parent has abandoned the child.