Common misunderstandings about wills: What every Idaho resident should know

As an estate planning attorney practicing in Idaho, I've encountered countless misconceptions about wills over the years. These misunderstandings can often lead to costly mistakes and family disputes that could have been avoided. Let me clear up some of the most common myths I hear in my practice. 

"I Don't Need a Will Because I Don't Have Much" 

This is perhaps the biggest misconception I encounter. Many people believe wills are only for the wealthy, but that's simply not true. If you own anything of value — a home, car, bank accounts, or even personal items with sentimental worth — you need a will. Without one, Idaho's intestacy laws will determine how your assets are distributed, which may not align with your wishes. And a Judge who you have most likely never met will decide who will oversee your estate — a decision you should make.   

More importantly, if you have minor children, a will allows you to nominate guardians. Without this designation, the court will decide who raises your children without your input, potentially leading to family conflicts and outcomes you never would have chosen. 

"A Handwritten Will Is Just as Good as Any Other" 

While Idaho recognizes handwritten (holographic) wills under certain circumstances, they're fraught with problems. These wills must be in your handwriting (not typed) and signed by you, but they don't require witnesses. This lack of witnesses often leads to challenges regarding authenticity and your mental capacity when you wrote it. They are not considered “self-proving” documents, and they require formal probate hearings to be held after your death. Setting aside all of these technical issues, I can also say that I rarely review a handwritten will in which the author has actually covered everything that should be covered in a well written will.  

Families can spend thousands of dollars in court disputes over whether a handwritten document truly represents someone's final wishes. A professionally drafted and properly executed will with witnesses and notarization provides much stronger legal protection. 

"My Will Covers Everything I Own" 

This is a dangerous assumption. Certain assets pass outside of your will through beneficiary designations or joint ownership. These include life insurance policies, retirement accounts (401(k)s, IRAs), and some jointly-owned real estate. If you haven't updated beneficiary designations in years, your ex-spouse might inherit your 401(k) or your life insurance policy regardless of what your will says. 

Additionally, your will typically only controls assets in your individual name. Jointly-owned property may pass directly to the surviving owner, bypassing your will entirely. 

"I Can Just Use an Online Will Template" 

Generic online templates often don't account for Idaho's specific laws and can almost never account for your unique family situation. Idaho has particular requirements for will execution, and a template that works in California or Washington might not be valid here. More importantly, these forms can't address complex family dynamics, blended families, or asset planning strategies that could save your heirs significant money. 

Every family situation is different. What works for your neighbor may not work for you.  

"Once I Make a Will, I'm Done" 

Your will should evolve with your life. Major life events — marriage, divorce, births, deaths, significant changes in assets — all warrant will updates. I recommend reviewing your will every couple of years, or immediately after any major life change. 

Also remember that moving to Idaho from another state will probably require updating your will to comply with local laws and take advantage of Idaho-specific benefits. Not to mention — in some states a will may be sufficient to avoid probate, but if you own any real property in Idaho, you will need a trust to avoid probate. These are things that an estate planning attorney will cover with you if you bring your existing documents in for a review after moving to Idaho.  

"My Family Knows My Wishes, So a Will Isn't Necessary" 

Verbal promises and family understanding don't hold up in probate court. Without written documentation, family members may remember your wishes differently, leading to bitter disputes. Or, family may all agree about what you wanted but be told by the probate judge that a different outcome is required by the law because you did not formalize your wishes in a will or trust. I've witnessed families torn apart because someone assumed their loved one's intentions without proper legal documentation. 

The Bottom Line 

These misconceptions can have serious consequences for your family. A well-drafted will (or trust if necessary), prepared with proper legal guidance, provides peace of mind and protects your loved ones during an already difficult time. 

Don't let these myths prevent you from taking this important step. Estate planning isn't about the size of your bank account — it's about taking care of the people you love and ensuring your wishes are honored. 

If you're an Idaho resident putting off estate planning because of these misconceptions, consider scheduling a consultation with an estate planning attorney. The cost of proper planning is minimal compared to the potential costs of family disputes, court battles, and unintended consequences. 

Your family deserves the security that comes with proper planning.  

My law firm is currently offering free telephonic, electronic, or in-person consultations concerning adult guardianships, probates, and creating or reviewing estate planning documents.

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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, [email protected], or visit www.KootenaiLaw.com.

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.