How to Request and Schedule a Probate Hearing in Idaho When None Is Set
Disclaimer: This information is for educational purposes and is not legal advice. Detailed Answer Under Idaho law, a probate hearing follows the filing of a petition under Title 15, Chapter 3 of the Idaho Code. If the court has not set a hearing date, you can request one by following these steps: 1. Review Your […]
Read article →How to Serve Court Orders on Interested Parties to Advance a Probate Case in Idaho
Detailed Answer Serving court orders on interested parties in an Idaho probate case requires strict compliance with Idaho’s probate statutes and court rules. Follow these steps to move your case forward efficiently: Identify all interested parties: Common parties include personal representatives, heirs, devisees, creditors, and other claimants. Review Idaho Code §15-3-301 to determine who qualifies […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Idaho
Detailed Answer When you hire an attorney for initial probate representation in Idaho, the engagement letter should spell out exactly which services the attorney will perform and which tasks require a separate agreement. Idaho law requires that fee agreements define the scope of representation (Idaho Rule of Professional Conduct 1.5(b)). Understanding common inclusions and exclusions […]
Read article →May I Petition a Court to Remove an Estate Administrator in Idaho?
Detailed Answer Under Idaho law, the probate court has authority to remove an estate administrator (also called a personal representative) who fails to perform required duties. The process is governed by Title 15, Chapter 3 of the Idaho Statutes (Administration of Estates). You may petition in the county where the estate is pending. 1. Who […]
Read article →How to Request an Extension for Filing a Final Accounting in Probate in Idaho
Detailed Answer Under Idaho law, a personal representative must file a final accounting with the probate court within the time set by statute. Idaho Code § 15-3-110 requires filing the final report within thirty days after qualification. If you need more time, you must request an extension from the probate court before the deadline expires. […]
Read article →Do I need to open an estate to pursue a wrongful death involving a car accident in Idaho?
Detailed Answer Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Idaho for guidance on your specific situation. Under Idaho law, a wrongful death claim arising from a car accident must be brought by the deceased’s personal representative. Idaho Code § 5-311 states that when […]
Read article →How do I apply for letters of administration and what forms are required in Idaho?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney or the Idaho probate court for guidance specific to your situation. Detailed Answer When a decedent dies without a valid will in Idaho, the probate court appoints an administrator to settle the estate. This appointment is called […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in Idaho?
Distributing Wrongful Death Proceeds in Idaho Disclaimer: This article is for educational purposes only and does not constitute legal advice. I am not a lawyer. Detailed Answer Under Idaho’s Wrongful Death Act (Idaho Code Title 5, Chapter 3), a personal representative may pursue a claim for damages when a person’s death results from another’s wrongful […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Idaho?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Idaho’s Medicaid Estate Recovery Program, the Idaho Department of Health and Welfare (IDHW) may file a claim against an inherited estate to recover medical assistance paid on behalf of a decedent. To obtain and review documentation of such […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Idaho
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer When a business interest passes through probate, you often need the corporate formation documents—such as articles of incorporation—and the corporate bylaws to understand governance rules, ownership rights, and transfer […]
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