There is a persistent false impression people have regarding the area of Wills and Trusts. That is, if you die without a Will or Trust, the state of Idaho will take all of your personal belongings. While this is completely possible, it is unlikely to happen in most cases. Let me explain why.
If you die without a Will, Idaho will create one for you! The State is able to do this through a set of laws called the Laws of Intestate Succession. Depending upon the circumstances, your property may be divided up between a surviving spouse, children, parents, brothers and sisters, grandparents, uncles and aunts, etc. Have you ever watched a movie where the main character receives a vast inheritance from a distant or unknown aunt or uncle? Well, more likely than not, the aunt or uncle did not know about the main character as well. The inheritance made its way to the story through the Laws of Intestate Succession.
So, that is the good news. The bad news is the limitations you are under if you do not create your own Estate Plan. First, your wants, wishes and desires will never have a legal voice, this is especially troublesome concerning your minor children. You are required to follow the generalized laws of Idaho. Second, you will not have any control over who will become the guardians of your minor children, or who will be in charge of your assets. Anyone in the world can apply for these positions, which can be an uncomfortable thought. Third, death is only one side to Estate Planning. Many of the most trying-times, both financially and emotionally, occur while you are still alive, but unable to communicate (ie, because of incapacitation, incarceration, or mental inability).
Your best course of action is to hire a competent attorney or lawyer to counsel you through the process and to draft your documents for you. If you do not have a lawyer/attorney to call your own, consider Jeppesen Law to help you spare your loved ones the additional stress of haggling over what you would have wanted done with your things. After all, there are few things quite as stressful as a family dealing with the death of a loved one coupled, and dealing with the uncertainty of inheritance rights.
Whether you live in the Meridian, Eagle, Star, Nampa, or Boise areas of Idaho and you don’t have a Will or Trust, call attorney Justin Jeppesen at 208-477-1785, or visit his website at http://www.jeppesenlaw.com, to ensure that your wishes have a voice and that they are carried out.