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Estate Planning Basic Estate Planning Questions AAndnd Q&A ? Answers Basic Estate Q&A Planning Table of Contents What is a will? A will is a written (typed or handwritten) document that What is a will? directs the disposition of a person’s property after death. Does everyone need a will? What happens when someone dies without a will? Does everyone Almost everyone needs a will, even if they don’t have Page What are the advantages of having a will? How do I make my will? need a will? money or own much property. In addition to determining 1 how your property should be distributed, wills allow you to How much does a will cost? name a “personal representative” (the person who Can anyone make a will? administers your estate) and nominate guardians for your Is a will that has been executed in another state valid in Idaho? spouse, if your spouse is disabled, or your minor children, Page Do I have to list all of my personal property in my will? 2 Can a will provide for anatomical gifts? upon your death. When are the contents of a will made known to relatives? Who should be the personal representative? What happens If you die without a will (intestate), your property passes Can a will be changed? when someone according to the laws of Idaho. In general, a surviving Page When should a will be changed? spouse receives all of the community property and the 3 How is a will affected by subsequent marriage or divorce? dies without a spouse and children share the decedent’s separate property. Where should a will be kept? will? If there is no surviving spouse, the decedent’s property is What about joint ownership as a will substitute? equally divided among the decedent’s children, with special Can this type of transfer be made with other types of property rules for deceased children. This may require selling assets Page interests? of the estate in order to create equal shares. 4 What is probate? When is probate necessary? What are the First of all, you decide who the benefi ciaries will be, not Is the probate process always the same? advantages of the state. Secondly, you can name the personal What advantages are there for the probate process? representative (a person or bank to manage and settle your Page 5 having a will? estate). Is a will the only way to dispose of my property? How do I make It is best to secure the advice of an attorney. Something What is a trust? as important as your will should be done with great care, in Will a living trust avoid federal and state estate tax? my will? Page a document tailored to your needs. Besides, an attorney 6 supervises the signing and witnessing of your will. Without Are there simpler types of trusts? the proper formalities, your will could be invalid. Why would I use a trust? In Idaho, two people need to witness you signing your will. Preferably the witnesses should not be benefi ciaries Page under the will. Idaho law allows for a “self-proved” will, which 7 requires a notary public. This means your witnesses won’t If I have a living trust do I need a will or any other documents? have to testify as to your proper signing of the will at probate Is a living trust more private than a will? proceedings. You can have your attorney draw up your will Who becomes the trustee? to be self-proved. Page Why would I choose a professional trustee? 8 You can prepare what is known as a holographic will. A Is my estate subject to estate or inheritance taxes? holographic will is an instrument, whether or not witnessed, My spouse has a serious debilitating illness, is there anything I can in which the signature and the material provisions are in the do to protect our interests? handwriting of the testator. Caution should be used since Page I am concerned that serious illness of one of us will use all our the testator typically does not seek the advice of a competent 9 assets and there will be nothing left for me or our heirs. attorney. i 1 Basic Estate Q&A Planning How much does Attorneys usually charge on an hourly basis at rates that When are the You do not have to reveal the contents of your will to a will cost? vary from attorney to attorney. The estate planning needs of contents of a anyone while you are alive. After your death, the person each person will be different; therefore, the cost of a will is will made known who had custody of the will may disclose its contents to affected by the amount of time it takes to review your family members. The original will must be fi led with the personal and fi nancial affairs and to prepare the will. to relatives? appropriate court where it will be admitted to probate. All benefi ciaries named in the will and family members who Can anyone Anyone who is at least 18 years of age and of sound mind would receive probate assets, if no will existed, will be make a will? can make a will. notifi ed of the opening of the estate upon your death. Is a will that has A will that is valid in the state where it was executed will Who should be A personal representative is the person who will act to been executed be valid in Idaho. However, if your will was prepared in the personal settle the estate and distribute the assets to your heirs through a probate (See the question below entitled “What is in another state another state it should be reviewed to ensure that the representative? language used in the other state will be given the same probate?” for a brief description of the probate process). valid in Idaho? interpretation under Idaho law. In addition, death tax and Many people appoint their spouse or an adult child to be the probate laws vary from state to state; therefore, your will personal representative. Consider your selection of a should refl ect the laws that would apply to your estate when personal representative carefully. you die. If you move to another state, your Idaho will should be reviewed by an attorney in the new state in order to Can a will be If you are competent, you can change your will at any determine if any changes are necessary or desirable under changed? time by signing a document called a “codicil” or by having a that state’s laws. new will prepared. Either a codicil or a new will must be executed with the same formal requirements as the original Do I have No. In Idaho, one is allowed to make a separate written will. You should not attempt to change your existing will by to list all of statement or list, outside of a will, to dispose of items of writing on it. my personal tangible personal property (Idaho Code 15-2-513). This written statement must be in the handwriting of the person When should a Review your will periodically. A signifi cant change in property in my wishing to give the property at death or signed by him/her, will be changed? personal or fi nancial circumstances may mean that your will will? and must describe the property with reasonable detail. should be revised or replaced. For example, births, deaths Often, this type of personal property list is attached to a or a change in marital status warrant a review of your will. person’s will for the convenience of the personal Changes in federal or state tax laws may necessitate representative. To be effective, reference must be made to revisions in your will. the personal property list itself within the person’s will. How is a will In Idaho, a will is not affected by a subsequent marriage; Can a will A will may include specifi c directions for the disposition of affected by however, a spouse, and children born after the will is provide for your body and funeral. Because your will may not be subsequent executed, may have some rights under Idaho’s law regarding anatomical reviewed immediately after death, such directions should an omitted spouse and pretermitted children. A divorce be communicated to family members so they are aware of marriage or automatically revokes the provisions of the will that pertain gifts? your wishes at the time of your death. Additionally, you can divorce? to your former spouse, but does not affect other provisions prearrange the disposition of your body and funeral with a of the will. Thus, provisions benefi tting family members of funeral home. However, you should review carefully any your former spouse would remain in force. However, a prepaid arrangements offered to you by a funeral home. former spouse may still receive property under a benefi ciary Idaho has adopted the Uniform Anatomical Gift Act which designation that was never changed after a divorce. For requires certain formalities regarding any anatomical gift. If example, a former spouse named as the primary benefi ciary you wish to donate your body for research or transplantation, of a life insurance policy, and never changed after a divorce, you should also notify family members and carry an organ may still receive the death benefi t proceeds from the donor card or note your wishes on your Idaho driver’s policy. license. 2 3 Basic Estate Q&A Planning Where should a A will should be kept in a safe place to avoid accidental When is probate Probate is generally necessary in Idaho when title to property will be kept? loss or destruction.
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