Guides

Idaho probate articles

• How Do You Make a Valid Will In Idaho?

  2021-04-30

  To make a valid will under Idaho law the will must be: In writing; Signed by the testator or in the testator’s name; and Signed by two witnesses.   The requirements to make a valid will under Idaho law are set forth in Idaho Code § 15-…

• Idaho Elective Share Statutes Apply To Quasi-Community Property

  2020-03-27

  The elective share statutes can only be used to recover quasi-community property under Idaho law, as opposed to community property. To recover community property, a common law remedy is available for Idaho surviving spouses . The mechanics …

• Idaho Supreme Court: Mom Owed Son Fiduciary Duties Under Trust Agreement

  2020-07-22

  In Ferguson v. Ferguson , a July 2020 opinion from the Idaho Supreme Court, the Court addressed the fiduciary duties of a trustee who has discretion to spend the trust’s principal, the scope of records available to a trust beneficiary, and …

• Surviving Spouse Rights Idaho

  2019-09-23

  Idaho law provides a surviving spouse with many important widow's rights and benefits, including: Intestate share Community Property Homestead allowance Elective Share (sometimes) Does a Surviving Spouse Have Rights in Idaho When There Is N…

• Who Are Next Of Kin In Idaho?

  2020-10-30

  The terms “next of kin” and “heirs” are used synonymously in Idaho intestate succession law to mean “those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.” …