Wednesday, April 20, 2011

Boise Divorce Attorney - Boise Family Law Lawyers - Boise Custody Attorneys Lawyer

Kershisnik Law, (208) 472-2383, Boise Divorce Attorney, Idaho Family Law Lawyers, divorce, custody, modification, child support, family law.

As a Boise Divorce Attorney I often get calls concerning child support. There are many issues surrounding child support. They can be pursuant to a divorce or a custody proceeding or any other variety of scenarios. A frequent situation that I am involved in regard to Medicaid or other state assistance.

When a parent is receiving state funds or insurance through TAFI, or aid to needy families, there are certain rules that apply to child support. If you are receiving aid you are required to assign your right to child support payments to the state. Any monies you are owed pursuant to a divorce, custody or paternity order must be paid to the state in exchange for the support they are providing you in relation to TAFI.

This is an important point because as a Boise Divorce Attorney I often hear disparaging comments from people insinuating that a party is receiving child support from them and Medicaid or food stamps or the like. This simply is not the case.

If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call (208) 472-2383. You can also visit our website and fill out the quick contact form and one of our attorneys will get right back to you. There you can tell our lawyers how you would like them to contact you.

Monday, April 18, 2011

Boise Probate Attorneys - Idaho Estate Planning Lawyers

To speak with a Boise Probate Attorney or an Idaho Estate Planning Lawyer, please call (208) 472-2383, for probate and estate planning in Idaho.

As a Boise Probate Attorney one of the most frequent questions I get is how long does it take to complete probate.

Once you have filed a probate action, you must file a notice in your local paper and in the paper where any real property is located or business has been conducted, regardless of whether it was a large business or a small business which belonged to the deceased. The notice informs creditors that any debts owing by the individual will be paid out of the estate. This is important for a small business, in particular, because if the small business has not been incorporated, then the debts are the debts of the individual as well as of the small business. It is important for a large business as well, particularly if the deceased business owner signed personally for any of the debt for the business.

In addition to filing notice, the appropriate paperwork must be completed so that the personal representative can pay the debts of the estate, transfer property and distribute property. The personal representative must do an inventory of the estate to establish what property exists and is available to pay debts and ultimately to be distributed. The personal representative must also keep an account of their activity to provide an accounting if one is requested by the heirs.

Once the debts are paid and the property is distributed the estate can be closed. However, the estate cannot be closed for at least ninety days to give the creditors a chance to file a claim for payment against the estate. After ninety days, if a creditor does not come forward, they will be barred from collecting against the estate.

Once probate is filed, notice has been given, the debts have been paid and the property has been distributed the estate can be closed.

If you need to speak to a Boise Probate Attorney or an Idaho Estate Planning Lawyer, please call (208) 472-2383.

Monday, April 4, 2011

Boise Divorce Attorney - Divorce Attorneys, Family Law Lawyers, Probate Attorneys, Boise, Idaho

Boise Divorce Attorneys - Boise Probate Attorneys - Family Law Lawyers, (208)472-2383

Today I am going to discuss probate and divorce. What do probate and divorce have to do with each other? A lot, especially when you get divorced and forget to change your will.

As a Boise Divorce Attorney, a piece of advice I always give my divorce clients is, "don't forget to change your will". People often think that once they get divorced, the "spouse" in their will will automatically mean their new spouse. That is not necessarily the case.

If you have written your will to include the language, "my spouse, Jane Doe" and then you divorce Jane Doe, will a court automatically presume you mean your new spouse Susie Q? The Idaho Probate Code has a provision that covers omitted spouses. If you write your will and you leave out your spouse, unless there is evidence to show that it was intentional, your spouse will be given the share that they would have been given if you died intestate (without a will).

So that is the easy part. If you write in your original will, "I leave my property to Jane Doe" and then you divorce and then remarry but you don't take the advice of your Boise Divorce Attorney and you don't change your will and you remarry. Then what happens? Will Jane Doe take a portion of your property, along with Susie Q. As Jane Doe's Boise Probate Attorney, I certainly would argue that she should. Of course, Susie Q's Boise Probate Attorney would argue the contrary.

If you don't take the advice of your Boise Divorce Attorney and change your will when you get a divorce, you could end up with this problem. The Idaho Code can help get your new spouse her share of the property but your ex spouse may still take under your original will. Just a thought!

If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call, (208) 472-2383 or visit our website. There you can fill out a quick contact form and one of our attorneys will get right back to you.

Saturday, April 2, 2011

Boise Divorce Lawyers Attorney - Boise Family Law Attorneys Lawyer - Divorce, Custody, Family Law in Idaho

Statistics show that the divorce rate in Idaho is going up. What does than mean for you? We never want to think that it can happen to us, but given the rate of divorce in Idaho is 51% it makes sense to plan ahead. By planning ahead I don't mean planning your divorce like you would plan your estate to avoid probate. However, as a Boise Divorce Attorney I have seen situations where a little planning could have saved a marriage.

People often approach me as a Boise Divorce Attorney and ask for help with prenuptial agreements. Prenuptial agreements aren't for everyone. People think they are cold and unloving, and an acceptance that a divorce will happen. Whether you agree with creating a plan before you are married to divide property after you get a divorce, is a personal preference and just one plan available to help you avoid the divorce court like you would avoid the probate court with estate planning.

Another planning tool is counseling. People often opt for counseling when things get really bad in their marriage and it is headed for divorce. Counseling can be a valuable tool for marriages and can even sometimes prevent divorce if it isn't used as a band aid measure.

When we get married and decide to have kids the last thing on our minds is who will get custody if we get a divorce. As a Boise Divorce Attorney I often hear that parenting issues fueled the divorce. Many couples disagree on how to raise the kids, who will provide the day to day care and how decisions will be made. This is where a little planning, again like your estate plan to keep you out of probate, can pay off. If possible, before you get married, but at least during the marriage child rearing should be a regular topic of conversation.

Another area, that as a Boise Divorce Attorney, I hear has fueled divorce is finances. How you earn and spend your money can be a point of agreement or a point of contention. Making money a topic of conversation and discussion before spending becomes an issues can go a long way in preventing divorce issues.

Basically, what marriage planning is about is communication. As a Boise Divorce Attorney I would say the biggest factor in divorce that I see is a break down of communication. Preventing this break down through understanding that it can happen and taking an active role to prevent it goes a long way in preventing divorce.

Sometimes, however, divorce and an ensuing custody battle are inevitable. If anytime has been spent during the marriage working on communication, it will aid in the divorce and custody settlement. During a divorce where there are custody issues, judges in Boise will order the parties to mediation. In mediation you are given the opportunity to work out your own custody arrangement in a way that makes sense to you. If you can communicate you will get the best possible custody arrangement for each of you.

If you are seeking a divorce or have custody issues and need to speak to a Boise Divorce Attorney, please call (208)472-2383.

Friday, April 1, 2011

Boise Divorce Attorney - Family Law Lawyers - Custody Attorneys - Grandparents' Rights

Boise Divorce Attorney, Family Law Lawyers, Custody Attorneys, call (208) 472-2383 for a free consultation, divorce, custody, modification, child support, visitation, domestic violence, termination, adoption and all family law issues.

As a Boise Divorce Attorney, I occasionally get calls from grandparents who are raising their grand kids. Often these kids were just left with Grandma and Grandpa and neither parent has any contact with the kids. Often it is the case that there was never a divorce between the parents or, if the parents weren't married, a custody order establishing who should have custody of the children.

What can I do, as a Boise Divorce Lawyer, to help these grandparents get a legal status in relation to the grandchildren? Idaho has a statute that is called the De Facto Custodian Act. What this does is it allows grandparents, or anyone else in the postition of caring for children who were left with them, a legal status known as a de facto custodian. There are rules promulgated by the statutes as to the length of time a child must reside with a party before they can be legally considered a de facto custodian.

Once the time requirements have been met the grandparents can, by themselves or with a Boise Divorce Attorney, file a petition to be named de facto custodian and file for custody of the children. Again there are requirements that have to be met and your Boise Divorce Lawyer must show that it is in the best interest of the child for custody to be placed with the grandparents. If the parents have abandoned the children this is not necessarily a difficult task. Once the court finds that it is in the best interest of the children a custody order is issued and the grandparent's take legal custody of the children.

The order can be challenged upon the showing that it is no longer in the best interest of the children to be in the grandparents' custody. This can and does happen and when it does it can open a whole other can of worms dealing with grandparents' visitation rights which will be addressed in a later blog.

As a Boise Divorce Attorney people often ask me what type of situation results in custody being placed with a de facto custodian. In general, it occurs when the parents are involved with drugs or in criminal activity. Meth children, when Health and Welfare have not taken the children away, are a good example of where I hear the most about the need for the de facto custodian act.

If you need to speak to a Boise Divorce Attorney or have divorce or custody issues you would like to address, please call (208) 472-2383

Boise Criminal Lawyers, Boise DUI Attorneys, Boise Divorce Attorney, Boise Family Law Lawyer, Boise Probate Attorneys

Boise Criminal Lawyers, DUI Attorneys, Boise Divorce Attorney, Family Law Lawyer, Boise Probate Attorneys in Idaho, (208) 472-2383, criminal defense, DUI, DWP, divorce, custody, family law, probate, wills, trusts, estates and estate planning in Idaho.

Boise Criminal Lawyers operate in the world of the criminal court. In addition to seeing a whole spectrum of crime in Idaho, every Boise Criminal Lawyer sees the penalties bestowed upon those who have committed a crime. As a Boise Criminal Lawyer, people always ask, "what penalty will I get". The best answer any criminal lawyer can offer is "it depends". There is no black and white answer because the law sets forth the maximum penalty, and sometimes the minimum penalty, but the actual penalty you receive will depend upon a variety of things. The penalty for a crime if Idaho varies based upon the judge, the prosecuting attorney, the state's lawyer, and the crime itself. Every judge looks at things differently and each prosecutor offers different plea agreements. It also depends upon if you take your case to trial or if you accept a plea agreement.

In addition the penalty an offender receives is based upon a variety of other things including the crime itself, whether it was a misdemeanor or a felony, if there were multiple crimes, if any of the crime was aggravated by the use of deadly force and how many other criminal convictions the person has received.

Often, when the party being charged with the crime is not a repeat offender, the penalty will be less. Judges will give, or prosecuting attorneys will offer suspended portions of the sentence. A good example of this is jail time. If a crime sets a maximum penalty of 30 days in jail, a judge might order 30 days with all 30 days suspended. So, does this mean that you are off scott free? Not necessarily. When you commit a crime in Idaho you are also placed on probation, or parole if the original sentence included time in the state penitentiary. What probation or parole does is places a time frame where if you commit another crime, or violate any term of your probation or parole while you are on probation or parole, the judge can cause the entire suspended sentence to be reinstated and you will have to serve or pay any portion of the penalty that was suspended.

If you need to speak to an attorney, including a Boise Criminal Lawyer or a Boise DUI Attorney, a Boise Divorce Attorney, a Boise Probate Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383. You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you. Please let our attorneys know the best way to contact you.