A Will is a testamentary document, which means it is controlling only after your death.

Among many other topics, a Will should state three topics that are important for you to voice and to not leave to the discretion of the State of Idaho:

  • Who you want your possessions to go to (i.e. beneficiaries);

    • Devise is a gift of real property;

    • Bequest or Legacy is a gift of personal property (including cash gifts); and

    • The Residue is where you leave the remaining, non-specific assets to certain individuals or charities.

  • Who is charged with delivery of those possessions; and

    • Idaho law refers to this office as Personal Representative. Other familiar terms include Executor and Administrator.

  • If you have minor children, who is charged with raising your minor children until they reach age 18.

The idea behind a Will is very simple. However, it is still difficult to ask a deceased person their true intentions. As such, Idaho courts, potential creditors, and beneficiaries highly scrutinize a Will to ensure it was properly prepared, signed, notarized and witnessed.

This signing ceremony where the magic happens and it is one of the major benefits of working with an attorney.