Robert J. Green
December 18, 2024
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CONTRIBUTED CONTENT: Inheriting while married: Is it 'yours,' or is it 'ours?'
CONTRIBUTED CONTENT: What happens to student loan debt when you die?
The answer depends almost entirely on one thing: whether your loans are federal or private.
CONTRIBUTED CONTENT: Raising your grandchild? Idaho gives you an option short of full guardianship
That arrangement can work fine for daily life. But it often falls apart the moment the child needs something that requires legal authority — enrolling in school, seeing a doctor, getting a vaccine, or being added to insurance.
CONTRIBUTED CONTENT - Idaho's Homestead Exemption: What it actually protects (and what it doesn't)
Idaho offers one of the more generous homestead protections in the country, yet many homeowners have never heard of it — and misunderstand what it actually does when they have.
CONTRIBUTED CONTENT: Getting divorced? Idaho law handles part of your estate plan automatically — but not all of it
Idaho law offers a safety net here that many people don’t know exists, but that safety net has real gaps, and relying on it completely can leave your plan in worse shape than you’d expect.
CONTRIBUTED CONTENT: What can you do when an “irrevocable” trust is broken in Idaho?
Before looking at any statute, read the trust. Many were drafted with an escape hatch already installed.
CONTRIBUTED CONTENT: What actually gets a will overturned in Idaho
The challenges that succeed follow a recognizable pattern — and so do the plans that invite them.
CONTRIBUTED CONTENT: Can you disinherit someone in Idaho?
Idaho gives adult children no automatic right to inherit. You may leave a child nothing at all. What you cannot do is simply fail to mention them.
CONTRIBUTED CONTENT: Why 'It will all work out' usually doesn’t in estate planning for blended families
Blended families need blended-family plans
CONTRIBUTED CONTENT: You moved to Idaho. Does your old estate plan still work?
Usually parts of another state’s estate planning can be kept and we don’t need to start from scratch. But "still valid" and "still works the way you think it does" are two different things, and the gap between them is where problems hide.
CONTRIBUTED CONTENT: When an outright inheritance Isn't the kind thing to do
Equal doesn't have to mean identical. Giving one child a lump sum and another a structure isn't favoritism — it's paying attention.
CONTRIBUTED CONTENT: Why you can't use a transfer-on-death deed in Idaho
The answer is that Idaho is the odd one out. Washington, Oregon, Montana, Nevada, and Utah all permit transfer-on-death deeds for real estate. Idaho does not.
CONTRIBUTED CONTENT: The empty trust problem
This is the most common failure we see in estate planning, and it has a name: an unfunded trust.
CONTRIBUTED CONTENT: Marriage, divorce, and your estate plan: What changes and when
CONTRIBUTED CONTENT: You've just inherited something. Now what?
Here's a practical guide to help Idaho beneficiaries navigate the process thoughtfully, without rushing into decisions they might regret.
CONTRIBUTED CONTENT: What happens to your debt when you die?
CONTRIBUTED CONTENT — What if you both die at once? The estate planning question most couples never ask
Under Idaho law, if there is no clear evidence that one spouse survived the other, each spouse is treated as having predeceased the other for purposes of distributing their own estate. In practical terms, your assets flow as though your spouse didn't survive you at all. That sounds like it solves the problem — but it can create new ones, especially for blended families or couples whose wills weren't built with this scenario in mind.
CONTRIBUTED CONTENT: Your IRA is not covered by your will — here’s what that means for your family
Retirement accounts pass to whoever is named on the beneficiary designation form for your retirement account — full stop. If that form is outdated, blank, or names someone you’d no longer choose, your carefully written will (or trust) cannot override it.
CONTRIBUTED CONTENT: Good news on estate taxes — and what Idahoans should still watch
For Idaho residents, the only estate tax you need to think about is federal — and for most families, even that isn’t the issue they think it is.
CONTRIBUTED CONTENT: You own property in another state? Your estate plan better be prepared
If you own real estate in another state when you die, your family may have to go through probate twice — once in Idaho, and again in the state where the property sits.
CONTRIBUTED CONTENT: How a personal property memorandum keeps the peace in an estate plan
A personal property memorandum is a separate written list, referred to in your will or trust, that directs who should receive specific items of tangible personal property
CONTRIBUTED CONTENT: Estate planning for unmarried couples in Idaho
If you pass away without an estate plan, Idaho's intestacy statutes decide who inherits — and those statutes only recognize legal relationships: spouses, children, parents, siblings. An unmarried partner is nowhere on the list. Your assets could pass entirely to relatives you may not have spoken to in years, while your partner of three decades receives nothing.
CONTRIBUTED CONTENT - If you don’t write a will, Idaho writes one for you
If you die without a valid will, you don't avoid having a plan. You simply inherit the state's plan, written into Idaho's intestate succession statutes. And that default may divide your property very differently than you would have.
ADVERTISING: ADVERTORIAL - The Idaho Health Care Directive: Who speaks for you when you can't
A living will anticipates a narrow set of end-of-life situations; your agent handles everything else, including decisions no document could have predicted. Together they cover the field.
ADVERTISING: ADVERTORIAL - Should your business be owned by your revocable living trust?
Leaving your company outside your trust can undo much of what the trust was built to accomplish. But moving it in isn’t always a simple matter — and for some businesses, doing it carelessly creates a tax disaster.
ADVERTISING: ADVERTORIAL — The family cabin: An estate planning blessing or curse?
If your estate plan addresses the lake cabin, the mountain place, or the family hunting property the same way it addresses your checking account, it probably isn't doing enough. Recreational property is one of the hardest assets to pass to the next generation, and failing to plan for it specifically is a common source of post-death conflict.
ADVERTISING: ADVERTORIAL: How do you know when to change who you've named in your estate plan?
Here are the signs that it's time to revisit who you've named.
ADVERTISING: ADVERTORIAL - Talking to your family about your estate plan: How communication prevents disputes
The single most effective tool for preventing disputes after your death or incapacity isn’t a no-contest clause or an airtight trust. It’s a conversation.
ADVERTISING: ADVERTORIAL - The most problematic assets to leave your children and grandchildren (and what to do instead)
Some assets, passed down without planning, cause more trouble than they're worth.
ADVERTISING: ADVERTORIAL - Ancillary probate: The extra probate most people don't see coming
Real estate is governed by the laws of the state where it sits.
ADVERTISING: ADVERTORIAL - Why a power of attorney is not a substitute for a will or trust
Power of attorney solves a fundamentally different problem than a will or trust — and confusing them can leave your family with a serious gap.
ADVERTISING: ADVERTORIAL - Estate planning without children: Yes, you still need a plan
"I don't have kids to provide for, so what's the point?" is an understandable instinct, but people without children often need more careful estate planning than parents do, not less.
ADVERTISING: ADVERTORIAL - Estate planning when an adult child lives with you
If an adult child lives in your home, your estate plan needs to account for that. What looks like a simple living arrangement today can quickly become a complicated legal and financial problem if it isn't addressed in your documents.
ADVERTISING: ADVERTORIAL - Income tax planning: The overlooked side of estate planning
For the vast majority of Idaho families, income tax planning has quietly become the more important side of estate planning.
ADVERTISING: ADVERTORIAL - Your estate plan isn’t a set-it-and-forget-it document
An estate plan reflects your life at a specific moment in time. And life doesn't hold still.
ADVERTISING: Advertorial - You've been named as someone's power of attorney. Now what?
ADVERTISING: Advertorial - Will vs. Trust: Which One Do You Actually Need?
Understanding the difference can help you make a smarter decision for your family — and avoid some costly surprises down the road.
ADVERTISING: Advertorial - Who speaks for you if you can’t?
The estate planning documents everyone needs, but too few have
ADVERTISING: Advertorial - The most important decision in your estate plan may have nothing to do with money
Naming a guardian for your minor children is arguably the most important thing your estate plan can do — and too often it gets overlooked.
ADVERTISING: ADVERTORIAL: If you own a business, your estate plan isn't finished
ADVERTISING: ADVERTORIAL: Why an 'I Love You Will' may not be enough
If your current will simply says “everything to my spouse, then to my kids” — with nothing more — it’s worth a conversation. The scenario may be unlikely. But the people it affects most are your children, and they deserve a plan that accounts for it.
ADVERTORIAL: Advertisement: The right ways to leave an inheritance to a loved one with a disability
A generous inheritance can, paradoxically, leave a vulnerable loved one worse off. The solution is a Special Needs Trust — and every Idaho family in this situation should understand how it works.
ADVERTISING: Advertorial - Who will take care of your pet when you can't?
Without a plan, the answer may be no one — at least not right away.
ADVERTISING: ADVERTORIAL: Don’t overlook beneficiary designations, a critical piece of your estate plan
A beneficiary designation is a document — usually a simple form — that tells a financial institution or insurance company who should receive a specific asset upon your death.
ADVERTISING: ADVERTORIAL - Leaving money to a loved one with a disability? Do it wrong and you could hurt them
When a person with a disability receives an inheritance, a life insurance payout, or even a gift above that threshold, they may lose their eligibility for these programs until the money is spent down. That means the funds you set aside to help them might simply replace the government support they were already receiving — dollar for dollar — until it's gone.
ADVERTISING: Advertorial: Idaho is a community property state — does your estate plan properly account for that?
If you're married and living in Idaho, the distinction between community property and separate property isn't just a legal technicality — it can determine who owns what while you're alive and who inherits what when you die.
ADVERTISING: ADVERTORIAL - What happens to your cryptocurrency and digital assets when you die?
The law is slowly catching up to the digital world. The question is whether your estate plan has too.
ADVERTISING: ADVERTORIAL - Does a revocable living trust protect your home from title fraud?
Title fraud (sometimes called deed fraud or home title theft) occurs when someone forges a deed or uses stolen identity information to transfer ownership of your property to themselves or a third party. From there, the fraudster may attempt to take out loans against the property, sell it, or otherwise profit from the stolen title. It's a growing concern nationwide, and Idaho is not immune.
ADVERTISING - ADVERTORIAL: Five things people forget to do after creating a living trust
A living trust is a powerful estate planning tool, but it only works if you take a few critical steps after signing. Unfortunately, too many Idaho families skip these steps — and their loved ones end up dealing with headaches the trust was designed to avoid.
ADVERTISING: Advertorial - What the One Big Beautiful Bill means for your Idaho estate plan
It's the most significant piece of estate planning legislation since the 2017 Tax Cuts and Jobs Act — and for some Idaho families, it changes the calculus on how to protect and pass on what you've built.
ADVERTISING: ADVERTORIAL - Beyond estate planning documents: Essential information your family needs to know
Taking time now to organize this information is one of the kindest gifts you can give your family.
Keeping it simple: Thoughts on efficient estate planning
After a decade practicing estate planning in Idaho, I've seen estate plans range from elegantly simple to unnecessarily complex. The good news? Many people don't need the most elaborate documents or super complicated strategies. The challenge is keeping things as simple as possible without failing to address things that need attention.
ADVERTISING: ADVERTORIAL - When to choose a professional executor or trustee instead of a family member
Serving as executor or trustee isn't just about writing checks to beneficiaries.
ADVERTISING: ADVERTORIAL - Is avoiding probate right for your family? A guide for Idaho residents
Before you invest time and money into probate avoidance strategies, it's worth taking a step back to understand whether this should actually be a priority for your family.
ADVERTORIAL - ADVERTISING: Four estate administration pitfalls Idaho families should avoid
Estate planning isn't just about dividing your assets—it's about protecting your family from predictable problems.
ADVERTISING: Advertorial - Powers of attorney vs. guardianship and conservatorship: What Idaho residents need to know
Understanding these options can save your family significant time, money, and emotional stress.
ADVERTISING: ADVERTORIAL - Estate planning when your children live in different states
ADVERTISING: ADVERTORIAL - How estate planning can bring families together
When done thoughtfully, estate planning can actually bring families closer together and help maintain lasting bonds that extend far beyond the legal documents themselves.
ADVERTORIAL: ADVERTISING - Estate planning essentials for Idaho's self-employed professionals
ADVERTISING: ADVERTORIAL - Estate planning for single parents: What makes it different?
While the core goals of estate planning remain the same—protecting your children and ensuring they're cared for—single parents face some considerations that are different from married couples.
ADVERTISING: ADVERTORIAL - Why do people confuse wills, trusts and powers of attorney?
The main reason people confuse these documents is that estate planning attorneys typically discuss them as a package.
ADVERTISING: Advertorial — Reducing stress through estate planning
Most people know they should have an estate plan, yet many put it off for years. But here's what often gets overlooked: the process of completing an estate plan doesn't just protect your family. It can genuinely reduce your stress.
ADVERTISING: ADVERTORIAL: Correctly titling real estate to your revocable living trust is a must
ADVERTISING - ADVERTORIAL: Navigating estate planning when facing a dementia diagnosis
A dementia diagnosis changes everything. In the midst of processing the emotional impact and making medical decisions, families must also address critical legal matters. Taking action now—while you still have legal capacity—can prevent far more difficult challenges down the road.
Five tips to keep estate administration simple in Idaho
While losing a loved one is never easy, the legal and financial aftermath doesn't have to add unnecessary stress. Here are five tips to keep your estate administration as simple as possible.
ADVERTISING: Advertorial — Essential considerations when setting up your power of attorney documents in Idaho
When life takes an unexpected turn, having the right legal documents in place can make all the difference for you and your loved ones. Power of attorney documents are among the most important estate planning tools, yet many Idaho residents overlook crucial considerations when creating them. Here's what you need to know to ensure your documents truly protect your interests.
Why your estate plan from 20 years ago needs an update
When you first created your estate plan as young parents in Idaho, you likely focused on the essentials: naming guardians for your minor children, establishing basic wills, and perhaps setting up a simple trust. That plan served you well during those hectic years of raising kids and starting your career, but now that your children are adults and your life has evolved significantly, it's time for a serious estate planning update.
Why families keep putting off their estate plans (and why you shouldn't)
As an estate planning attorney serving families across Idaho, I've heard every reason in the book for why people delay creating their estate plans. "I'm too young," "I don't have enough assets," "It's too complicated," or simply "I'll get to it next year." Sound familiar?
Understanding liability protection with revocable living trusts: What Idaho residents need to know
Many Idaho residents considering estate planning wonder whether a revocable living trust will shield their assets from creditors and lawsuits. The answer is more nuanced than a simple yes or no, and understanding the distinction between protection for the grantor versus protection for the beneficiaries is crucial for making informed decisions about your estate plan.
Family dynamics: The hidden key to effective estate planning
When clients walk into my Coeur d'Alene estate planning office, they often arrive with a checklist: wills, trusts, powers of attorney and beneficiary designations. What they don't always consider is the most complex element of any estate plan — their family dynamics. After a decade of helping Idaho families navigate these waters, I've learned that understanding and addressing family relationships is just as crucial as getting the legal documents right.
Why a financial power of attorney isn't enough: The critical role of wills and trusts in your estate plan
Many Idaho residents understand the importance of having a financial power of attorney, especially after witnessing a family member struggle with incapacity or illness. However, a common misconception persists: that a power of attorney document can serve as a complete estate planning solution. While financial powers of attorney are essential tools, they cannot and should not replace the fundamental building blocks of estate planning — wills and trusts.
Dividing real estate among multiple estate beneficiaries: Your options beyond selling
When serving as an executor or trustee in Idaho, one of the most challenging situations you may face is dividing real estate among multiple beneficiaries. Many people assume that selling the property and splitting the proceeds is the only solution, but Idaho law provides several alternatives that may better serve the beneficiaries' interests and honor the decedent's intentions.
What happens in Idaho if I die without a will?
I'm often asked what happens when someone passes away without a will. The answer isn't always what people expect, and it's rarely what they would have chosen for their loved ones. Let’s walk through Idaho's relevant laws and explain why having a will or trust is so important.
Tackling probate without an attorney could be a costly mistake
When facing the aftermath of a loved one's passing, some may consider handling probate without legal representation. I've witnessed the complications, delays, and financial losses that frequently result from this approach. Here's why attempting to navigate probate without professional guidance can be a serious mistake.
How a surviving spouse can avoid probate in Idaho
When a loved one passes away, navigating the probate process can be overwhelming during an already difficult time. In Idaho, surviving spouses may have access to a simplified estate administration process that can save time, money, and stress. For many married couples in Idaho, setting up a revocable living trust is the best way to eliminate the need for a probate at either or both spouses’ deaths. However, even for couples who have not established a living trust, there may be options that don’t require going through probate when the first spouse dies. Let's explore when Idaho law allows for summary administration when the surviving spouse is the sole beneficiary.
Why guardianship and conservatorship may be necessary when your child with a developmental disability turns 18
Parents of children with developmental disabilities have often dedicated years to advocating for their child's needs, making medical decisions, and managing their finances. However, many parents are surprised to learn that when their child turns 18, regardless of their child's disability, the legal authority to continue making these decisions automatically ends. Let’s consider the implications of this and what steps may need to be taken to deal with it.
The right way to modify your will or trust in Idaho
As an Idaho estate planning attorney, I frequently encounter clients who've attempted to modify their estate planning documents themselves — often with problematic results. Let me share why DIY modifications can lead to serious issues and how to properly amend your will or trust.
7 things most people overlook when estate planning
Estate planning is more than just drafting a will. As an Idaho estate planning attorney, I've seen many clients focus on the obvious aspects while missing critical elements that can have significant consequences for their loved ones.
5 frequently overlooked elements in Idaho estate plans
As an Idaho estate planning attorney, I've helped many clients navigate the complexities of preparing for their future. While most people understand the importance of having a will or trust, and power of attorney documents, there are several critical elements that frequently get overlooked.
Why writing on your original estate planning documents is a bad idea
Estate planning documents are the foundation of your legacy and financial security. As an Idaho estate planning attorney, I've seen well-intentioned changes to original documents lead to serious legal complications. Here's why you should never write on your original wills, trusts, or powers of attorney.
Estate Planning: Key differences between high-net-worth and modest estates
As an Idaho estate planning attorney, I frequently encounter clients across the economic spectrum, from modest estates to high-net-worth individuals. While the fundamental goal remains the same — ensuring your assets pass to your loved ones according to your wishes — the strategies and considerations vary significantly based on estate size.
When revocable living trusts don't prevent probate: Common scenarios to watch for
Many of our clients choose to set up revocable living trusts as part of their estate plan, often with the primary goal of helping their loved ones avoid probate after their passing. While living trusts are excellent estate planning tools that can indeed help bypass probate in many cases, there are several situations where probate might still be necessary — even with a properly established trust in place.
Estate planning considerations for blended families in Idaho
Blended families are very common. When you're creating an estate plan in Idaho that involves stepchildren, former spouses, and complex family dynamics, careful consideration is essential to ensure everyone's interests are protected. Here are some things to consider when looking to create a comprehensive estate plan for your blended family.
Understanding Stepped-Up Basis: A silver lining when inheriting property
When a loved one dies, taxes are probably the last thing on your mind. However, there's an important tax benefit called "stepped-up basis" that can make a big difference for Idaho families who inherit property or other assets. Let’s try to understand this concept in simple terms because it might just save you or a loved one some real money down the road.
Guardianship & Conservatorship Proceedings in North Idaho
In Idaho, guardianship and conservatorship proceedings provide legal mechanisms to protect vulnerable individuals who cannot fully care for themselves or manage their affairs. While these two legal arrangements share some similarities, they serve distinct purposes and follow different procedural requirements under Idaho law.
Probating a Will vs. Trust Administration in Idaho
In Idaho, the processes of probate and trust administration serve distinct purposes in managing and distributing assets after someone passes away. While both mechanisms aim to transfer assets to beneficiaries, they differ significantly in their procedures, timeline, costs, and privacy considerations. This article explores the key differences between probate and trust administration in Idaho.
Guardianship & Conservatorship Proceedings in North Idaho
In Idaho, guardianship and conservatorship proceedings provide legal mechanisms to protect vulnerable individuals who cannot fully care for themselves or manage their affairs. While these two legal arrangements share some similarities, they serve distinct purposes and follow different procedural requirements under Idaho law.