Category Archives: Senior Tips

Affidavit of Inheritance

Tip – If a person dies and has a small estate, the Idaho Department of Transportation provides an Affidavit of Inheritance that can be filled out by an heir to make a non-probate transfer of the vehicle title.

In Idaho, when a vehicle owner dies and has an estate worth less than $100,000, Idaho law allows heirs to transfer a vehicle title using an Affidavit of Inheritance (Form ITD 3414). This process avoids the time and expense of probate for low-value estates.

This process may be used when all the following conditions are met:

  • Thirty days have elapsed since the death of the decedent.
  • The claimant is an heir of the deceased.
  • The decedent died intestate (without a will).
  • The decedent did not leave other property necessitating probate.
  • The decedent has no remaining creditors.
  • No other heirs have prior right to the named vehicle.
  • The decedent was the titled owner of the vehicle, and the claimant has a right to succeed to the motor vehicle.

Here is the process you would follow:

  1. Obtain Form ITD 3414. Download the Affidavit of Inheritance from the Idaho Transportation Department (ITD) website at itd.idaho.gov or pick it up at any county Department of Motor Vehicles (DMV) office.
  2. Complete the affidavit. Fill in the decedent’s full name, date of death, vehicle information (year, make, VIN), and the heir’s relationship to the deceased. All heirs must be listed.
  3. Gather supporting documents. Bring the original certificate of title (if available), the death certificate, and a valid government-issued photo ID to the county DMV.
  4. Submit to the county DMV. Present the completed affidavit and supporting documents at your local county assessor’s motor vehicle office. Pay the applicable title transfer fee.
  5. Receive new title. The DMV will process the transfer and issue a new certificate of title in the heir’s name, typically within 4–6 weeks.

You should be aware of the following:

  • The affidavit is attached to and made part of the application for Idaho Certificate of Title to the vehicle.
  • If a lienholder is listed on the existing title, the lien must be released before the transfer can be completed.
  • For estates exceeding $100,000, formal probate may be required. Consult an attorney.
    Here is the contact information for ITD.
    Idaho Transportation Department: itd.idaho.gov | (208) 334-8000.

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.

March 2026

Medicaid Estate Recovery

Tip – Putting your home into a revocable trust does not protect it from Medicaid estate recovery.

A common misconception in Medicaid planning is that placing a home or other real property into a revocable living trust will shield it from Medicaid estate recovery. In Idaho, this is not the case. These trusts do not provide the protection many people expect, and they can actually complicate the Medicaid application process.

Trusts and Medicaid Estate Recovery

Idaho participates in the Federal Medicaid Estate Recovery Program, which requires the state to seek reimbursement from a deceased Medicaid recipient’s estate for long-term care costs paid on their behalf. Under Idaho law, the definition of “estate” for recovery purposes is broad and extends beyond probate assets. Property held in a revocable living trust remains subject to estate recovery because the Medicaid recipient retained control over the trust during their lifetime.

A Home in a Trust Is a Countable Asset

Beyond the estate recovery issue, placing a home in a revocable living trust can create a significant problem during the Medicaid eligibility determination. In Idaho, primary residence is generally considered an exempt (non-countable) asset for Medicaid purposes when the applicant lives in the home or intends to return to it. However, once a home is transferred into a revocable living trust, Idaho Medicaid may treat it as a countable asset, potentially disqualifying the applicant from receiving benefits until the asset is spent down. This is the opposite of what most clients intend when they create a trust.

Recommendation

In Idaho, a revocable living trust is rarely the appropriate tool for Medicaid asset protection, and doing so can result in delayed benefits, unexpected asset spend- downs, and estate recovery  exposure. Other planning strategies may be more effective and should be evaluated on an individual basis.

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.

February 2026

US Federalism

Tip – Each different state has its own Probate Code that governs how
an estate is administered after someone dies.

The United States operates under a system called Federalism, which divides power between the national (federal) government and the state governments. This creates two layers of sovereignty operating simultaneously over the same territory and people.

The federal government has powers enumerated in the Constitution to handle matters of national concern—things like defense, foreign policy, interstate commerce, and immigration.

State governments retain broad authority over most day-to-day matters that affect people’s lives: education, local law enforcement, property laws, marriage and divorce, professional licensing, and most criminal law.

Probate laws are almost entirely a matter of state jurisdiction, which means they vary significantly from state to state. Each state has its own probate code that governs how estates are administered after someone dies. The differences between states can be substantial. Some states use their own traditional probate systems that can be complex and time-consuming.

In states with complex systems, attorneys have used Trusts to circumvent probate. When you create a Trust (revocable living trusts are the most common), you transfer ownership of your assets into the Trust. Legally, the Trust owns your assets, not you.

When you die, the Trust doesn’t die with you. The assets simply continue being held by the Trust, and a successor trustee you’ve named steps in to manage and distribute them according to your instructions. Since the Trust still owns the assets and the Trust didn’t die, there’s nothing that needs to go through probate court.

Idaho has adopted the Uniform Probate Code (UPC), which streamlines and simplifies the probate process. Probate costs are relatively inexpensive in Idaho when compared to other states. Using an estate planning strategy that makes sense in California may be unnecessary or even counterproductive in Idaho.

Given Idaho’s simplified probate procedures and lower costs under the Uniform Probate Code, creating and maintaining a Trust may actually be more expensive and complicated than simply using a Will, and proceeding through Idaho’s efficient probate system.

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 2026

Family Stories

Tip – Ask an older family member or friend about their life.

My dad graduated from the University of Utah Medical School in 1946. After looking at different towns in Southeast Idaho, he chose to open his medical practice in Blackfoot. He started the Blackfoot Medical Clinic and for forty years cared for his patients delivering over 6,500 babies. I did the math once—that’s one baby every single day for almost 18 years. Many of my clients tell me, “Your dad delivered me” or “Your dad delivered five of my children.”

One of the best parts of having my law practice in Blackfoot is hearing stories about my dad from people who knew him. Here’s a story one of myclients told me. She was scheduled for a hysterectomy. On the morning of the surgery, she was waiting to go into the operating room when dad came to check on her. As they talked, dad suddenly stopped and seemed to be thinking about something. He then said, “Before we do the surgery, I’m going to have a pregnancy test done.” They did the test, and it came back positive—she was pregnant! The surgery was cancelled, and months later she had a baby boy. Years later, I became that boy’s Scout leader.

Another time, I was having lunch at the Bingham County Senior Center. As I was leaving, a woman saw me and waved me over. I walked to her table, and she said, “I just wanted you to know that your dad could heal you with a hug.”

When dad was 67 years old, he had a stroke that took away his ability to speak. He could only say a few words. He would say things like, “Mind good, can’t talk.” One of my clients told me she was at a basketball game watching her brother play. My dad was sitting next to her at the game. He pointed to her brother, then pointed to himself and said, “Me.” My client realized dad was telling her, “I delivered your brother.” Dad often saw articles in the newspaper about people, and he would point to himself and say, “Me.” I was always impressed by how much he cared about his patients personally. I’ve tried to follow that example in my law practice.

Hearing these stories has helped me understand my dad better. These stories have taught me important things about life. Next time you’re with an older family member or friend, take time to ask them about their life—it will make your life richer.

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.

December 2025

Beneficiary Designations

Tip – Review your beneficiary designations on investments and insurance policies.

Imagine a circle containing everything you own: your home, vehicles, bank accounts, investments, insurance policies, IRAs, and retirement accounts. Everything within that circle constitutes your estate.

Your estate assets can pass to your chosen recipients through several mechanisms. Property held jointly with right of survivorship automatically passes to the surviving owner. For example, bank accounts held in joint tenancy or real property held by a married couple as community property with a right of survivorship. You might establish a Payable-on-Death (POD) designation at your bank, allowing funds to transfer directly to named beneficiaries. Alternatively, assets can transfer through probate according to the instructions in your Will.

Families sometimes discover after a loved one’s death that the decedent either named their “Estate” as beneficiary or left the beneficiary field blank, causing the death benefit to default to the estate. Insurance companies cannot release funds to an estate without a court order, which means you would need to probate. A probate petition would need to be filed to have a personal representative
appointed to collect the proceeds, when in some cases, it wouldn’t have been necessary.

Whether you establish a Will or a Trust, it’s essential to review beneficiary designations on investment accounts and life insurance policies. Taking this step during your estate planning process helps ensure that proceeds reach your intended beneficiaries and facilitates a smooth transfer of assets.

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.

November 2025

Annual Enrollment Period for Medicare

Tip – It’s that time of year! Understand your options and plan choices!

The annual Medicare Open Enrollment period is upon us! During open enrollment, individuals can make changes to their Medicare Part D prescription plans and change or enroll in Medicare Advantage plans.

This annual open enrollment period lasts from October 15th to December 7th and any changes you make will be reflected starting in January 2026. For example, if you decide to change your prescription drug plan during open enrollment, the new plan will be effective on January 1, 2026.

Why might you want to make a change to your prescription drug plan or Medicare Advantage plan? Some people choose to change plans if they have high prescription drug costs with prescriptions that are not covered under their current Part D plan’s formulary (the plan’s list of covered drugs). Some people also may change plans if they are paying a high monthly premium for their plan but have few medications and may be able to enroll in a plan with a lower monthly premium. Still others may change a Medicare Advantage plan if they have been dissatisfied with their current plan.

What if you are satisfied with your current coverage? If you are already enrolled in a Medicare Part D prescription plan or a Medicare Advantage plan and you are satisfied with your coverage, you do not need to do anything during open enrollment. Your coverage will automatically enroll for the coming year. Just remember, many plans will make changes to their coverage each year, so it is still a good idea to review your plan information.

Several plans have discontinued service in our area. You may have received a non-renewal notice from your plan. If this has occurred, or if you simply want to review your options, contact your local SHIBA office (1-800-247-4422 – SHIBA Medicare Helpline), your insurance agent, or go online to www.medicare.gov to review your plan options and choose a different plan that meets your needs.

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.

October 2025

Storing Your Will

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

Homeowner’s Exemption

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

Probate Laws

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

Gifting Your Personal Residence to an Adult Child

Tip – Under certain circumstances a Medicaid participant may gift their
home to an adult child and qualify for Medicaid without the transfer
penalty period.

This tip outlines an important exception to Medicaid’s transfer penalty rules under Idaho Administrative Procedures Act, which allows parents to transfer their primary residence to an adult child without incurring a period of ineligibility under specific circumstances.

Under standard Medicaid rules, transfers of assets (including real property) for less than fair market value within the lookback period typically result in a period of ineligibility for Medicaid benefits. However, Idaho regulations provide specific exceptions to this penalty, including transfers of the family home to adult children when both of the following qualifications are met:

1. Residency Requirement
The adult son or daughter must have resided in the parent’s home for at least two years immediately before the month the parent entered an assisted-living facility or long-term care facility.

2. Caregiver Requirement
The adult son or daughter must have provided care to the parent that permitted the parent to live at home rather than in an institutional care facility during the qualifying residency period. (IDAPA 16.03.05.292.04)

Key Considerations
• Timing is Critical: The two-year residency period must be immediately preceding the month of institutional placement
• Care Documentation: The level of care provided must be sufficient to have delayed or prevented institutional placement
• Facility Types: The exception applies when the parent enters either assisted living or long-term care facilities
• Burden of Proof: The family should maintain documentation of both the residency and caregiving arrangements

In conclusion, this exception recognizes adult children who have made significant personal sacrifices to serve as caregivers, allowing their parents to remain in their homes longer than would otherwise be possible. The transfer exception preserves the family home for the caregiver child while protecting the parent’s Medicaid eligibility.

Families considering this arrangement should document the caregiving relationship and maintain records of the adult child’s residency to support any future Medicaid application and demonstrate compliance with the regulatory requirements.

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.

June 2025