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Idaho Probate Legal Questions

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6 legal questions have been posted about wills and probate by real users in Idaho. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.

If an estate is in probate are the rightful aires considered to be the landlord if there is a renter on the property

Answered 4 years and 3 months ago by Samuel McMechan (Unclaimed Profile)   |   1 Answer
Once an estate is opened and the representative has letters testamentary or the equivalent in your state, the representative can proceed with the eviction.  The letters give the representative the same authority as the original land owner, the decedent.
Once an estate is opened and the representative has letters testamentary or the equivalent in your state, the representative can proceed with the... Read More

probate

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
From the note which you quoted, this is apparently a dependent administration in which the court's approval is required before any distribution can be made.  You may ask for a copy of the report.
From the note which you quoted, this is apparently a dependent administration in which the court's approval is required before any distribution can... Read More

I need to add to question just asked sorry

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
It is not clear what the entire description or question is.
It is not clear what the entire description or question is.

My mother owns a condo and a car. Does this have to go through probate? Do I have to come to Idaho to settle estate.

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer
While the life insurance policy passes to the named beneficiaries without probate, everything else is part of your mother's probate estate.  Hire an Idaho probate lawyer practicing in the county in which your mother lived and died to walk you through the process.  Given the current public health crisis you might not need to appear in person.... Read More
While the life insurance policy passes to the named beneficiaries without probate, everything else is part of your mother's probate estate. ... Read More

how do I see a will that an executor wants to deny exists and I don't know who the attorney was that drafted the paperwork?

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
When a Will is submitted for probate (which it must be), it becomes a public document.  Check with the local probate clerk.
When a Will is submitted for probate (which it must be), it becomes a public document.  Check with the local probate clerk.

Probate: Do I need to pay an appraisal company to establish a basis for an inherited home and acreage for probate court?

Answered 14 years ago by John Palley (Unclaimed Profile)   |   1 Answer
You may be talking about different things so talk to your attorney more closely.  What you are talking about, I believe, is your basis for income tax purposes. This would best be established by a licensed appraiser and they can give you a historic appraisal. Probably cost you $400 or $500.  You might supply the appraiser with the Realtor's estimate to help them give you the highest value possible so your income tax basis is the highest possible.  The attorney might be talking about valuation for probate or maybe for property tax purposes. For example, here in California there are rules allowing transfer of real estate from a parent to child without changing the property tax basis. The amount that can be transferred is the decedent's personal residence plus one million of of other assets at their assessed value. Maybe there is something like that where you live.  In the end if you don't feel your attorney is doing what you think they should interview a couple more attorneys to make sure you really have hired an expert. There are enough good attorneys out there that a client should never suffer with one who is not! To clarify, I am not saying your attorney is doing anything wrong. I am just saying you should investigate to make sure you are getting the best advice! Good luck.  -John... Read More
You may be talking about different things so talk to your attorney more closely.  What you are talking about, I believe, is your basis for... Read More
Wills and Probate
Idaho

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