Tip – Store your will in a safe place where your Personal Representative
can find it.

Storing your will is a critical step after signing. Once you’ve signed your will, proper storage is crucial for ensuring your wishes are carried out smoothly.

Choose a safe, accessible location to store your original will where it won’t be damaged by fire, water, or other hazards. Good options include:

• A fireproof home safe
• A secure filing cabinet in your home

Inform your Personal Representative by letting him or her know exactly where your will is located. Without this knowledge, they may spend valuable time searching for it when they should be focusing on settling your estate. Consider providing them with:

• The specific location of the will
• Any access codes or keys needed
• A copy of your will for their records (while keeping the original secure)

Do not store your original will in a bank safety deposit box. This creates a legal catch-22: your personal representative typically cannot access the box until they’re officially appointed by the court, but they cannot be appointed until they present the original will to the court.

In Idaho, Courts require the original will for informal probate proceedings. Copies, while useful for your records, cannot substitute for the original document.

I know of a case where the Personal Representative had a copy of a will but could not find a valid original will. Instead of the decedent’s property passing to his friends, stepdaughter, chartable organizations, and family as outlined in his will, it passed to the persons designated under Idaho Law to receive property as if there were no will, which was completely contrary to the decedent’s intentions.

After signing your will, taking these simple steps will ensure that your final wishes can be executed without unnecessary delays or complications for your loved ones.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

September 2025

Tip – Remember to apply for the Homeowner’s Exemption when transferring property.

The Idaho homeowner’s exemption provides property tax relief for qualifying homeowners, but it comes with specific requirements that property owners must understand to maintain eligibility.

The homeowner’s exemption is not automatically applied. Property owners must actively request the exemption through the appropriate county assessor’s office. This is a critical step that many property owners overlook.

To qualify for the homeowner’s exemption, the property owner must actually live in the home as their primary residence. The exemption is not available for:

• Investment properties
• Rental properties
• Second homes or vacation properties
• Properties where the owner does not reside

When a property has multiple owners, all owners must live in the home and request the exemption to maintain eligibility. This requirement creates potential complications in various ownership scenarios, including:

• Joint ownership between spouses where one spouse relocates
• Family members added to title who don’t reside in the property
• Business partnerships or LLC ownership structures

Gifting your home to family members or others can result in the loss of the homeowner’s exemption. This is a significant financial consideration that property owners should carefully evaluate before transferring ownership.

When you gift your home:

• The new owner(s) must meet all exemption requirements independently
• If the new owners don’t live in the property or fail to request the exemption, the tax benefit is lost
• The property tax burden may increase substantially without the exemption

Recommendations

1. Before gifting property: Consult with an attorney to understand the full implications
2. For current homeowners: Ensure you have properly applied for and are receiving the homeowner’s exemption
3. For multiple owners: Verify that all owners meet the residency requirements
4. Annual review: Check with your county assessor to confirm exemption status remains active

For specific questions about the homeowner’s exemption, contact your local county assessor’s office.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

August 2025

Tip – You only have three years to file for probate.

Probate is a legal process of administering the estate of a deceased person, which involves validating their Will (if one exists) identifying and managing assets, paying debts and taxes, and distributing the remaining property to the beneficiaries. Under Idaho law you have 3 years after a person passes away to file for probate and administer an estate. If probate is not commenced within this timeframe, heirs and beneficiaries must utilize alternative procedures, including claiming property by affidavit under specific statutory provisions.

This three-year limitation is jurisdictional and cannot be waived by the parties. However, there are limited exceptions under Idaho Code § 15-3-108A. In addition, the estate of a husband or wife may be probated more than 3 years after the first spouse’s death by filing for joint probate after the death of the second spouse.

AFFIDAVIT OF HEIRSHIP

An affidavit of heirship is a legal document used to establish ownership of real property when probate proceedings haven’t been completed within 3 years of a person’s death. To file this document, you’ll typically need to gather essential documentation including the death certificate, marriage certificate, and the deceased person’s Will if they had one. The affidavit must be sworn before a notary public and should detail information about the Will, the deceased spouse, the marriage, any children or other heirs, and a description of the property in question.

Once completed and notarized, the affidavit is filed in the county clerk’s office where the property is located, along with any required filing fees. This process can establish a clear chain of title for property transfers or sales.

Given the three-year limitation on probate proceedings, prompt filing of probate proceedings is recommended when an estate requires administration.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

July 2025

Tip – It’s a good idea to understand Idaho’s Spousal Rights Laws.

If you’re entering a second marriage later in life, it’s crucial to understand how Idaho’s spousal rights could impact your estate planning goals. Under Idaho law, your surviving spouse has significant automatic rights to your estate:

• Homestead Allowance (Idaho Code 15-2-402): Your surviving spouse is entitled to a $50,000 homestead allowance that takes priority over most other claims against your estate
• Exempt Property (Idaho Code 15-2-403): Your surviving spouse can claim up to $10,000 worth of tangible personal property including household furniture, automobiles, furnishings, appliances, family heirlooms, and personal effects
• Share of estate to Spouse (Idaho Code 15-2-102): If there is no will, your surviving spouse will receive the following from your estate: a. As to separate property: If there are surviving issue of the deceased spouse, one half of the intestate estate b. As to community property: the one-half of the community property which belongs to the decedent, passes to the surviving spouse

The Problem in Second Marriages

These rights exist regardless of how long you have been married. This means that even in a brief second marriage, your new spouse could claim up to $60,000 from your estate, potentially disrupting your plans to leave assets to your children from your first marriage or other intended beneficiaries.

For example, if you remarry and then pass away after just one year of marriage, your new spouse could still claim the full homestead allowance and exempt property rights, even though you may have intended for your estate to go primarily to your children from your previous marriage.

The Solution: Proper Planning

There are two key strategies to address this concern:

1. Draft a comprehensive will that clearly outlines your estate distribution wishes
2. Execute a waiver agreement under Idaho Code 15-2-208

How the Waiver Works

Idaho Code 15-2-208 allows spouses to waive their rights to the homestead allowance and exempt property through “a written contract, agreement, or waiver signed by the party waiving after fair disclosure”. This waiver can be executed either before or after marriage. Or in your will, you can state that your spouse is exempt from the Homestead Allowance.

Key Benefits of Planning Ahead

• Protects your intended estate distribution
• Provides clarity for your heirs
• Prevents potential family conflicts after your death
• Ensures your new spouse understands and agrees to your estate plans Important Considerations
• These allowances are not automatic—they must be applied for by the surviving spouse, but it’s best not to rely on this
• The waiver must include “fair disclosure” of what rights are being waived
• Consider having both spouses execute mutual waivers for complete protection
• Consult with an Idaho estate planning attorney to ensure proper documentation

Recommendations

It’s a good idea not to procrastinate these important decisions. Some people intend to do it but never get around to it, and some procrastinate because they don’t want to spend the money. Children can become angry or hurt when they don’t receive something they expected to inherit from their parent.

Before entering a second marriage, especially later in life, discuss estate planning openly with your future spouse and consider executing appropriate waivers. This isn’t about mistrust—it’s about ensuring both parties understand and respect each other’s wishes for their respective estates.

Remember: A few hours spent with an estate planning attorney now can save your
heirs months of complications and thousands of dollars in legal fees later.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

May 2025

Tip – If you receive a suspicious call, the best thing to do is hang up immediately.

Last Saturday my phone rang and the person on the other end identified himself as Officer Williams from the Bingham County Sheriff’s Office. He indicated that he was calling because I had failed to report for Jury Duty and that I needed to report to the Sheriff’s Office. He asked me if I had received a summons, and I told him no. He asked me if someone else could have signed for it—that should have tipped me off—as an attorney, I know that is not how jury summons are issued.

He knew my name and my address and implied that not reporting for Jury Duty had serious consequences. After a few minutes, he mentioned my driver’s license and said that he would need to get some information from me. That’s when the bells finally went off. I asked him, “What was your name again?” . . . . . Silence. I repeated, “What was your name?” When he failed to reply, I hung up and called the Bingham County Sheriff’s Office. They said they had been getting several calls, and it was a scam.

I’m concerned about the increasing number of phone scams targeting people these days. I want to make sure you’re aware of these threats and know how to protect yourself.

Phone scammers are becoming more sophisticated and often target people with respect and kindness in their voices. They might claim to be from your bank, the IRS, Medicare, Social Security, UPS Notifications, a tech company, or even pretend to be a family member in trouble. Their goal is to trick you into sharing personal information or sending them money.

Please remember:
• Government agencies like the IRS, Social Security, or Medicare will never call demanding immediate payment or threatening arrest
• Your bank won’t call asking for your account number (they already have
this information)
• Be suspicious of callers creating urgency or fear (“act now or else”)
• If someone claims to be a family member in trouble, hang up and call that person directly
• Never give remote access to your computer to an unexpected caller

If you receive a suspicious call, the best thing to do is hang up immediately. If you’re concerned the call might be legitimate, look up the official number for that organization and call them directly.

I know you’re smart and careful, but these scammers are professionals who have practiced their techniques on thousands of people. I just want you to be extra vigilant.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

April 2025

Tip – A husband and wife may prepare a deed for their real property that
provides for a right of survivorship, which will keep them from having to
probate after the first spouse dies.

The key rules regarding property transfer upon the death of a spouse in Idaho are the following:

NAMED BENEFICIARY DESIGNATIONS. Assets with specifically named beneficiaries (such as life insurance policies, retirement accounts, and certain investment accounts) transfer directly to the designated beneficiary upon death. These assets bypass the estate and probate process entirely.

BANK ACCOUNTS. Joint bank accounts typically include an automatic right of survivorship. This means the surviving spouse immediately becomes the sole owner of the account upon the death of their spouse, without the need for probate proceedings.

VEHICLES. When both spouses’ names appear on a vehicle title using the word or, the surviving spouse can typically transfer the title to their name alone or to another party through a straightforward process at the county assessor’s office.

REAL PROPERTY. Real estate owned by the deceased spouse becomes part of their estate and generally must go through probate, even if the surviving spouse resides in the property. However, Idaho Code Section 15-6-401 allows a husband and wife to create an estate in community property with a right of survivorship by deeding the property to themselves as an estate in community property with a right of survivorship. This allows the property to transfer to the surviving spouse without having to probate simply by recording a death certificate with the county recorder.

This tip provides general guidance only. Individual circumstances may vary, and consultation with a qualified legal professional is recommended for specific situations.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

January 2025