WILL, LIVING WILL, AND DURABLE POWER
OF ATTORNEY FOR HEALTH CARE



A will is the most basic estate planning document. If you have young children you are able to direct who will take care of your children if both you and your spouse should die. If you are older a will can help ensure your assets are distributed how you desire. If an individual does not leave a will these decisions are left to others.

How much does a will, living will, and durable power of attorney for health care cost?

Hourly rate depends on the legal needs. Please call for a consulation. Click on the following link to go to a sheet with a few items to consider in drafting a will, living will, and durable power of attorney for health care.

Why do I need a will?

A will is the most basic estate planning document. If you have young children you are able to direct who will take care of your children if both you and your spouse should die. A will also designates how your assets (real and personal property) will be distributed upon your death.

Who needs a will?

Everyone. It is your opportunity to direct your affairs upon your death. If you are young you can direct who takes care of your children. If you are older you can direct how your assets are to be distributed. If there is a lot of money involved tax planning may be needed.

What happens if I don’t have a will?

You are considered to have died intestate – meaning without a will. Idaho has a set of laws which determine how your assets (real and personal property) will be distributed if you die intestate. If neither you nor your spouse have a will designating who will take care of your children, then family members or the state will determine where your children will live.

Should I put all my assets in a trust or a will?

This depends on your particular circumstances and desires. Ordinarily, a will is sufficient to transfer assets after your death. In certain circumstances a will may create a trust upon your death to hold certain assets. One instance in which a trust may be advisable if you have properties in different states.

Should I put my property into a trust to avoid probate?

Idaho state laws regarding probate have made it easier and less expensive to probate a will, therefore it is normally not recommended to put assets into a trust just to avoid probate.

Idaho is a community property state. What are my rights with respect to my community property interest?

Idaho is a community property state which means ½ of all property acquired by you and your spouse while married is yours and the other half belongs to your spouse. At death, you can direct your one half share to anyone you desire. If you don’t have a will, according to the intestate laws of Idaho, it will pass to your surviving spouse. Individuals with children from a previous marriage should be sure to consult legal counsel to ensure these children are provided for.

Do all assets pass according to my will?

No. Life insurance, retirement accounts, assets in a trust, and other accounts with a designated beneficiary will pass according to the beneficiaries you have designated with those accounts.

What assets are included in my estate?


Life insurance, retirement accounts, your community property interest, any separate property, trust assets, and any other assets you own are included in your estate.

What is estate planning?

It is planning your estate, so it is distributed as you desire upon your death. Tax planning is often involved for those with larger estates.

What is a living will and durable power of attorney for health care?

In a living will you designate your wishes if you are a vegetative state and the durable power of attorney for health care gives authority to someone else to carry out your wishes.