A final will and a will in Idaho can be changed if the testator so desires through a codicil, a change in the will that must follow the procedures for enforcing wills. We can`t bring our belongings with us when we die, which is why people write wills. Wills are legal documents that describe in detail how the testator (the official title of the deceased whose estate is administered) wishes to divide their property between the surviving family members and the other persons named in the will. Without a valid will, there is no official explanation of how the testator`s property is to be distributed. If the testator dies without a will and no heir can be found, his property and money go to the state. In addition to the last will and will, as described above, Idaho also recognizes holographic wills (manuscripts) as valid legal documents as long as the signature and substantial parts of the document are included in the testator`s handwriting. More details about Idaho`s laws regarding wills are listed below. For more articles, see FindLaw`s Will section, including What is a valid will? And what happens if you die without a will? To make a valid will in Idaho, certain legal requirements must be met. There are requirements both for the person making the will (called the “testator”) and for the will itself.
A final will (also simply called a “will”) is a legal document. It indicates your wishes for your property and minor children (if any) for after your death. Here you also appoint a personal representative who is responsible for managing your affairs. A continuing power of attorney is an important legal document. By signing the permanent power of attorney, you authorize another person to act on your behalf, the principal. Before you sign this permanent power of attorney, you need to know these important facts: In addition, Idaho allows a will without witnesses if it was handwritten by the testator and signed at the end. Idaho Code § 15-2-503. This is called the “holographic will.” Holographic wills offer some convenience, but they carry the risk of making mistakes that could invalidate a will. The legal description of the residential property affected by this document can be found in Appendix A of this document.
While there are various exceptions and special rules, these are the standard requirements for Idaho wills. In Idaho, there are two types of wills that are considered valid. The first is a so-called formal written will, which is made by a lawyer, typed, has two witnesses and is also notarized. Idaho also recognizes holographic wills. A holographic will is a will that is completely in the writing of the individual himself, signed and dated. Both types of wills are considered valid in Idaho. However, these types of wills are usually very different in content. For this reason, we believe that to truly execute the true intentions and desires of our clients, we should receive the help of a qualified estate planning attorney in Idaho in preparing their final wills. We find that family relationships are often restricted or destroyed when problems arise with which family members disagree. This happens more often with holographic wills than with a well-planned will written by a lawyer. Estate planning lawyers have dealt with family disagreements and seen family relationships destroyed.
Therefore, when they create your last will, they have these experiences in mind and work to maintain your family relationships as part of your last written will. Under Idaho law, a will must be filed with the court in a reasonable hurry after the testator`s death. Idaho Code § 15-2-902. So, after your death, your will must be filed with your local probate court by the person designated as your personal representative (also known as an “executor” or “administrator”). This will begin the legal process known as “succession” through which your wishes will be executed under judicial control. An added benefit of meeting with an estate planning lawyer is that at this meeting, you usually discuss the set of legal documents that virtually all adults should have (collectively referred to as the “estate plan”). These documents include a power of attorney for financial decisions, a power of attorney for health care decisions, a living will, a memorandum on personal property, a community ownership agreement, a potentially revocable living trust. This is also the time to find out if you are able to avoid the court-controlled probate process altogether and what the tax implications of your estate may be and what can be done in terms of taxes. Get personalized advice and ask your legal questions.
Many lawyers offer free consultations. Idaho law deals with the Old Testament in two ways. First, if you have an old will, you can cancel it by creating a new one. Goodwill usually includes a statement that it revokes (annuls) previous wills. Second, a will can be revoked simply by physically destroying it. Idaho Code § 15-2-507. In addition, an Idaho will allows you to appoint someone as the legal guardian of your children and/or manage property that has been given to minor children. At Racine Law Firm, our leadership team of Idaho estate planning lawyers has been helping clients prepare their personalized estate planning documents, including final wills and wills, for more than 70 years. Our team of attorneys has the skills, experience, and knowledge to understand and prepare documents that are both valid under Idaho law and execute the specific instructions of each of our clients.
While it`s true that someone could make their own will, here are the top three reasons why we believe you shouldn`t use a holographic will as part of your estate planning. For example, we often see holographic wills that do not appoint a personal representative. The personal representative is the person responsible for examining the will and ensuring that all the instructions set out in the will are carried out. If the will itself does not appoint a personal representative, Idaho`s regulations determine who can be the personal representative. This can often lead to a family dispute or disagreements over who should be appointed as a personal representative. These types of family fights are often expensive, time-consuming, and often lead to broken relationships between family members. Although a final will and a will are not required by law, without a will, the laws of intestate determine the distribution of the assets of an estate. However, the result according to the rules of intestate may not correspond to the wishes of the deceased, which means that it is generally advisable to make a will and a will.
Otherwise, you can leave your entire property at will. Some wills leave everything in one package, while others come out with specific gifts for specific people. Some leave everything in equal proportions, and others say that everything should be sold and the product distributed in certain percentages. Creating a will and will in Idaho is important if you want to have control over the distribution of real estate and personal property after your death. Idaho wills give the person who writes the will, called a testator, the opportunity to care for a spouse, children, other loved ones, and pets after they die. You can also make a charitable contribution through your Idaho will. The second reason we discourage people from using a holograph will is simply that it may not be complete. In the preceding cases, a client created a valid holographic will, but did not include any additional information necessary to carry out their instructions.
The legal requirements for making a will in Idaho can be found in the Idaho Code § 15-2-501.