About Us
I am an estate planning attorney with 50 years experience. I have done extensive writing of statutes in the Idaho Uniform Probate Code for 30 years and presented those bills before the Idaho legislature. I lecture on multiple topics (including estate planning, probate, Medicaid, protection of the elderly, ethics, protection of those with disabilities, church law, and other topics). I have appeared twice by invitation before the US Senate Special Committee on Aging.
The products and services we offer
Recommendations Received (17)
"Experienced Estate Lawer, if you need any legal advice contact him. "
"Robert is a very experienced attorney specializing in Elder Law. He has helped many of my clients..."
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"Robert is a very experienced attorney specializing in Elder Law. He has helped many of my clients with their estate planning over the last 20+ years. He is also very knowledgeable of Idaho Statutes in regards to the elderly and disabled. "
Products & Services
All elements of estate planning, including preparation of wills, trusts, powers, and related documents and informational forms.
Filing probate documents, summary administration, small estate affidavit, and other methods of transferring property at death. Also disbursement an...
All aspects of probate, including joint probates, summary administration, small estate affidavits, and similar methods of transferring property at ...
Recommendations Given (34)
"Very open to learning opportunities and constantly improving. Very client oriented."
"I have known Dee for many years. Very compassionate and knowledgeable. Highly recommended."
Recent Activity
I am very frustrated with the overhype. I brought in a microbiologist that works with infectious diseases to talk to my Kiwanis club and explain why this should not have the hysteria it has generated and what practical steps are. As an attorney, the main effect that is negative is all the...
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I am very frustrated with the overhype. I brought in a microbiologist that works with infectious diseases to talk to my Kiwanis club and explain why this should not have the hysteria it has generated and what practical steps are. As an attorney, the main effect that is negative is all the canceled meetings and court delays. The positive on the attorney side is that a number of clients have called to update their estate planning. As an individual, the disruption to my normal life, the disruption to my economic life, and the effect on my health care options is very upsetting. As a human being, the disruption to the lives of others is distressing and frankly makes me angry.
I do a lot of pro bono work, but I want to be the one that chooses that, not finding out after case is under way. So we have up front discussions of fees and costs, fee agreement, engagement letter, and retainers. That is fair to both sides.
As an estate planning and Medicaid advice attorney, I...
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I do a lot of pro bono work, but I want to be the one that chooses that, not finding out after case is under way. So we have up front discussions of fees and costs, fee agreement, engagement letter, and retainers. That is fair to both sides.
As an estate planning and Medicaid advice attorney, I am usually charging. Sometimes clients think that the "free consultation" that many attorneys offer to determine if they will take a case is mandatory and that we have to give a free initial consultation. I will generally not give phone advice to any person that is not an existing client. I am on the hook for my legal advice in that situation and I don't have all the facts. Callers sometimes are indignant that you won't answer a "simple question". But usually the questions are not really simple and I need to have a correct attorney-client relationship in place if I give legal advice. So first discussion is almost always in person.
So education and communication is paramount on fees and costs.
As a church law and 501(c)(3) attorney, much of my work is pro bono. But again that is discussed up front so the client and I both know whether there will be charges (are costs to be paid by client even if pro bono representation or not, for example, or will fees be reduced but not eliminated).
So the bottom line is to discuss fees and costs in detail and specifically and get it all in writing, signed by both attorney and client, before any formal relationship is established.
Reduced to the essence: failure to have an estate plan not only can create delay and expense in administration at death but can also create family discord and outright war. When someone says they don't need a Will, I sometimes ask why they hate their family. The big items are important, but the...
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Reduced to the essence: failure to have an estate plan not only can create delay and expense in administration at death but can also create family discord and outright war. When someone says they don't need a Will, I sometimes ask why they hate their family. The big items are important, but the biggest fights I have are over the tangible personal property - I tell my white brick story, garbage can story, chicken plate story, Salvation Army junk story, etc. in my lectures. Tangible personal property can create outright war in families out of all proportion to value, which is the point of the stories. None had any value but the fight was long and protracted and destroyed families. You must find out what the trigger items of tangible personal property are and who has attachments to them. Parents often have no clue that some item means something to one of their children or grandchildren. You have to ask (one by one, not in a group, since there are always the pushy kids and the reticent kids). Phrase it not as what do you want when I die, too morbid, but what do you want to be sure that I don't throw away or sell. Then do a proper tangible personal property letter (requirements vary by State) that is clear. Do not, please, leave everything to one child with directions to divide it up unless you hate that child and want to make their life miserable. And be sure that the stories connected to items don't disappear with you. Write out what the item is and why it is important. I have too many estates where there are items that we know were deliberately kept, but we have no idea why and now never will. And another trigger. I have done multiple bills in our legislature on what I call my "dead bodies" legislation. Every one with a body on ice while people fought over the funeral plans. I have seen fist fights and screaming matches in funerals. So a funeral burial letter, done after full discussion with all involved persons, is very important. It should reflect what works for the people coming to the funeral. You are the guest of honor but you are not there. They are and the funeral needs to be a positive start for them on the grieving process. So do what the affected people want not what you want. You should have proper estate planning documents (including proper medical and financial powers, a whole another discussion) when you turn 18 or got married, whichever came first. You have nothing? You may die in a flaming wreck cause by someone else with good insurance. And if you don't do it early it will be put off until too late. I do too many death bed Wills. Difficult, questions of capacity, intrusion at a very emotional time, and many other problems. End of lecture but there is a lot more.
All good answers, except Alessandro - chill. Work is a two way street. As an employer, I want my employees glad and grateful to have their job. I try to accommodate them whenever I can, even if it causes me minor inconveniences. As a result, I have excellent long term employees who are joy to...
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All good answers, except Alessandro - chill. Work is a two way street. As an employer, I want my employees glad and grateful to have their job. I try to accommodate them whenever I can, even if it causes me minor inconveniences. As a result, I have excellent long term employees who are joy to work with and are extremely loyal. And who give back by going the extra mile when I don't ask them to. Even Scrooge finally figured that out. We have too many divisions in our country already to create more by alienating management from labor more than is already there. An employer needs to make reasonable accommodation for a number of different factors - disabilities for example. There is a great variation depending on your location. City, county, State laws may extend protections past federal limits. Also can depend on the number of employees. So get good legal counsel and check with the organizations and agencies listed by others.
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As an attorney with 49 years of experience, absolutely the following: (1) Consider very seriously having a professional company rental agent handle the whole matter for you. You are inexperienced and do not know how to properly screen potential renters, what proper deposits are, what proper rents...
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As an attorney with 49 years of experience, absolutely the following: (1) Consider very seriously having a professional company rental agent handle the whole matter for you. You are inexperienced and do not know how to properly screen potential renters, what proper deposits are, what proper rents are, how utilities should be handled, and on and on. (2) Establish a relationship with a qualified real estate attorney. If you use a professional company, the attorney can review their documents, especially their contract for services, and guide you. If you do not use the professional, the attorney can guide you through the proper methods to use, contracts for rental, etc. (3) Push your legislators if you do not have a unlawful detainer law that makes eviction for non-payment quick and easy. Our Idaho version also allows you to get a judgment for the unpaid rent so you don't have do another court proceeding. We also have squatter eviction statutes - no rental agreement, just moved in and won't move out, a growing problem across the nation. Good luck.
An aside about lawyer jokes etc. When asked about lawyers in general, the public is pretty highly negative - I have an annual contest with a good friend who is a used car dealer to see who comes in last in the polls. But when asked about their personal attorney, the public is very highly...
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An aside about lawyer jokes etc. When asked about lawyers in general, the public is pretty highly negative - I have an annual contest with a good friend who is a used car dealer to see who comes in last in the polls. But when asked about their personal attorney, the public is very highly positive. Oh well. My mother used to call me with lawyer jokes. I miss that.
Boise has lots of holiday stroll type activities, even including historical house tours. They help the general sales community most. Service industries are usually not an impulse purchase. Attorneys are probably not very high on a stroller's mind. Maybe at Halloween? I once tried to convince the...
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Boise has lots of holiday stroll type activities, even including historical house tours. They help the general sales community most. Service industries are usually not an impulse purchase. Attorneys are probably not very high on a stroller's mind. Maybe at Halloween? I once tried to convince the local IRS audit office to dress up as Death, complete with scythe, for Halloween audits, but oddly they declined.
Check first to see what the relevant agency is that regulates the brokerage. Might be Dept of Finance (however named) or Dept of Insurance. Start with them. They may be able to solve the problem without having to get legal representation. If not, either because of lack of jurisdiction or because...
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Check first to see what the relevant agency is that regulates the brokerage. Might be Dept of Finance (however named) or Dept of Insurance. Start with them. They may be able to solve the problem without having to get legal representation. If not, either because of lack of jurisdiction or because the brokerage doesn't respond and the relevant Dept is not following up, then go to a specialized attorney.
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To begin with, the concept of an intervivos revocable trust as the base of every estate plan is pretty true in California, but not necessarily in Idaho, where we have worked hard to create a very workable set of alternatives to the trust. A trust still is an alternative, but only that. Use...
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To begin with, the concept of an intervivos revocable trust as the base of every estate plan is pretty true in California, but not necessarily in Idaho, where we have worked hard to create a very workable set of alternatives to the trust. A trust still is an alternative, but only that. Use of CPWROS deed and CPWROS ownership on accounts normally eliminates first death probates. We have excellent statutory powers, both financial and medical. So there should, in States like Idaho, be a discussion of the alternative methods of passing the estate at first and second death of spouses, or at death of a single person. The strengths and weaknesses of each should be pointed out and evaluated for their specific facts. The relative costs and complexities should be weighed.
Second, as others have said, there a complex of reasons for lack of planning in general. People don't like to deal with the concept of death. They sometimes think that everything happens automatically at death and there is no need to do anything individually. They are afraid of the costs. They think that estate planning is only when you are dying, so inertia sets in. They don't like to deal with attorneys. On and on.
