Wills

canstockphoto15719761

If you live in Idaho and you need a will, you have come to the right place.  Click on our $500.00 Simple Will, Living Will and Health Care Directive Special below or review our FAQ.

Who Needs a Will?

What is the Process of Executing a Will?

Do I Need a Will or Trust?

How Long Does it Take to Execute a Will?

How Much Does a Will Cost? – $500.00 Simple Will, Living Will and Health Care Directive Package Special

What Areas Do You Serve?

WHO NEEDS A WILL? Almost all adults need a will, you need a will if:

1.If You Have Minor Children, You Need a Will If you have minor children, you need a will so you can determine who will be appointed the guardian of your children in the event of your passing.  Often times we think that our children will pass to our spouse but what if you are out for date night and are both killed in a car accident?  Do you want the courts picking a guardian for your children?  It is also important that you structure your will so your assets will be available and preserved for the maintenance, education, shelter and health of your children.

2.  If You Want to Decide who Inherits your Property Instead of the Courts, You Need a Will We often think of movies where the miserly mean parent or grandparent cuts a child or grandchild out of a will, however, there are a lot of reasons why you may want to cut someone out of a will.  Let’s  say you have a child addicted to drugs or too immature to inherit a large sum of money, you may want to structure their inheritance so that there are rules governing the use and distribution of their inheritance.  Perhaps one heir has lent you money or provided financial support in your waning years, you may want to repay them by awarding them a larger portion of your estate.  The point is, you want to determine who inherits your assets/estate, you don’t want Idaho Courts to make that determination for you.

3.  If you Want to Decide who the Personal Representative (Executor) of your Estate Will Be, You Need a Will Let’s face it, some of our children are more responsible than others.  Picking a personal representative is very important, they are given broad discretion and power by the court in Idaho probate cases to administer the estate.  You want to make sure that you not only appoint someone that has the sophistication to handle the personal representatives responsibilities, but also someone that will be honest, fair and that is best suited to minimize hard feelings amongst family members over who inherits what.  You are in a better position to judge who is best suited to serve as personal representative, not the probate court.  For you to pick the personal representative in Idaho, you need a will.

4.  If you Want to Give Specific Items to Specific Individuals, You Need a Will There may be specific items you want one of your children to have, a home, a car, a ring or other heirloom.  If you fail to pass that item to an individual by a will or trust and it has economic value, the personal representative will likely be required to liquidate the asset.  Even if an item has little value, specifying who receives important family heirlooms can save a lot of resentment among siblings/heirs and can save the personal representative from having to make a difficult choice as to who to give the family heirloom to.

5.  To Minimize the Risk that your Family/Heirs will Fight over their Inheritance As an experienced Idaho probate attorney, I have seen over the years that family members are much more willing to honor and respect the decedent’s wishes than they are if a personal representative or Idaho Probate Court is forced to decide what property goes to which heirs.  Setting forth your wishes in a will often reduces the risk that family members/heirs will fight over their inheritance.

6.  If You Want to Leave Money to Your Church or a Charity, You Need a Will (or Trust) The rules of intestacy (dying without a will) do not allow awards to charity, so if you want to leave some or all of your estate to your church or a charity, you must create a valid Idaho will or trust.

7.  If you want to Leave Money to your Grandchildren for their Education, you Need a Will (or Trust) This is a common desire for affluent grandparents, especially where their children are already successful.  Depending on the number of grandchildren and amount of money available in the estate, a will can be drafted to create and deposit large sums of money into 529 college savings or other accounts for your grandchildren’s education.  For large estates, setting up a trust may be necessary.  For a free consultation to determine whether a will or trust makes sense in your situation, call experienced wills and trust attorney Jared W. Sommer at (208) 440-8173 or click here to contact Jared W. Sommer.

8.  If You Want to Control Your End of Life Health Care Decisions (Living Will), You Need a Will A Living Will and Health Care Directive are actually separate documents giving direction and instruction as to what type of end of life health care you want, however, the cost of preparing the Living Will and Personal Health Care Directive are included in the flat fee I charge for a preparing a will.  These decision on what type of life sustaining health care you want and when to end life sustaining support are difficult decisions, call experienced wills and trusts attorney Jared W. Sommer for a free initial consultation to discuss which option is right for you at (208) 440-8173 or click here to contact attorney Jared W. Sommer.

WHAT IS THE PROCESS OF EXECUTING A WILL?

1.  Initial Interview with Attorney During this initial interview I will sit down to understand your wishes as to what you want to happen to your estate, determine whether a will or trust is appropriate in your situation, determine what your assets are and determine how you want your assets distributed.

2.  The Attorney Prepares your Will, Living Will and Health Care Directive

3.  The Client Meets with the Attorney to Review and Approve the Will and for a Formal Will Signing Idaho probate laws have very specific rules governing the execution of wills that must be followed exactly or the will may not be upheld by Idaho Probate Courts.  Attorney Jared W. Sommer will be present at the will signing with witnesses and a notary to make sure that all the proper steps are followed so that the will is properly executed according to Idaho probate laws.

4. The Will is Stored in a Safe Place Most clients leave the will with Attorney Jared W. Sommer who stores the will in a waterproof, fire proof storage unit designed specifically for storage of important documents like wills.  This ensures the will is not only safe from damage but is secure from tampering by heirs or others that may not be happy with the decisions you have made in filling out your will.  You may chose to store the will in your own safe deposit or other secure location.

5.  The Attorney Files a Notice of Where the Will is Stored with the Idaho Wills Registry It is very important that wherever you store your will, that you register the location of the will with the Idaho Wills Registry.  This filing allows your heirs to find the will at the time of your passing.  I have seen numerous cases where the heirs of the decedent have a copy of the will that they know the decedent executed, but they cannot find the original will.  Idaho Courts will not recognize a copy of a will, an originally executed and witnessed will is required for Idaho Court’s to find the will as valid.

DO I NEED A WILL OR TRUST? To answer this question, you really need to sit down with experienced wills and trusts attorney Jared W. Sommer for a free initial consultation where he can learn more about the facts and circumstances of your case.  Speaking generally, for most people without minor children at home who simply want to divide their property amongst their children or a few named heirs at their passing, a simple will generally will suffice.  If you have a larger estate where tax planning is critical or where want to have more control over how the money you pass down is spent (i.e. a trust to manage the assets of your estate for minor children or a charitable trust), a trust is probably what you need.  For more information on forming a trust, click here for our trust page.  To set up a free initial consultation with experience wills and trusts attorney Jared W. Sommer call (208) 440-8173 or click here to set up an appointment.

HOW LONG DOES IT TAKE TO EXECUTE A WILL? Generally, the process from the initial consultation to completion takes a week or two depending and the availabilities of the wills and trusts attorney Jared W. Sommer and that of the client.  If you are going out of the country and need to have a will executed quickly before you leave, call experienced wills and trusts attorney Jared W. Sommer today at (208) 440-8173 or click here to set up a free initial consultation.

HOW MUCH DOES A WILL COST? – $500.00 Simple Will, Living Will and Health Care Directive Special It depends on whether you need a straight forward Simple Will, a more complicated will or even a trust. Most clients will only need a simple will, living will and health care directive, the flat fee for this package is $500.00 for the attorney fee plus $25.00 to cover the Wills Registry Fee and other costs associated with the preparation and filing of the will.  While a Simple Will is sufficient for approximately 95% of clients, there are life situations where more extensive estate planning and drafting is required to accommodate family needs.  In such cases, you are not eligible for the $500.00 Will Package Flat Fee Special.  To determine whether you need a Simple Will or more complicated estate planning schedule a free initial consultation with experienced  wills and trusts attorney Jared W. Sommer by calling (208) 440-8173 or click here.

PRIMARY AREAS SERVED BY WILLS AND TRUSTS ATTORNEY JARED W. SOMMER FOR WILLS AND TRUSTS Primary services areas include the following Idaho Counties and Cities:

1.  Ada County – Including the Cities of Boise, Garden City, Meridian, Eagle and Kuna.

2.  Canyon County – Including Nampa, Caldwell, Middleton, Parma, Wilder, Greenleaf, Notus, Melba and Star.

3.  Gem County – Including the Cities of Emmett, Letha, Ola and Sweet.

4.  Boise County – Including the Cities of Horseshoe Bend, Idaho City, Crouch and Placerville.

5.  Elmore County – Including the Cities of Mountain Home, Mountain Home Air Force Base, Glenns Ferry and Pine.

6.  Valley County – Including the Cities of Cascade, McCall and Donnelly.

7.   Payette County – Including the Cities of Fruitland, Payette and New Plymouth.

8.  Washington County – Including the Cities of Weiser, Cambridge and Midvale.

9.  Camas County – Fairfield.

10. Blaine County – Ketchum, Sun Valley, Bellevue, Carey and Hailey. To set up a free initial consultation with experience wills and trusts attorney Jared W. Sommer call (208) 440-8173 or click here to set up an appointment.

IF I’M NOT IN THE TREASURE VALLEY, CAN YOU STILL PREPARE MY WILL Absolutely, with the state of technology today, consultations can be handled via telephone and documents can be transmitted electronically or through the mail.  If you are in one of the areas below out of the primary service area, call experienced wills and trusts attorney Jared W. Sommer at (208) 440-8173 for a telephonic free initial consultation or click here to contact attorney Jared W. Sommer. Aberdeen, American Falls, Ammon, Arco, Ashton, Blackfoot, Bonners Ferry, Buhl, Burley, Chubbuck, Coeur d’Alene, Dalton Gardens, Driggs, Filer, Fort Hall, Gooding, GrangevilleHayden, Heyburn, Homedale, Idaho Falls, Iona, Jerome, Kamiah, Kellogg, Kimberly, Lapwai, Lewiston, Malad City, Montpelier, Moscow, Orofino, Osburn, Parma, Pinehurst, Plummer, Pocatello, Post Falls, Preston, Priest River, Rathdrum, Rexburg, Rigby, Rupert, Salmon, Sandpoint, Shelley, Shoshone, Soda Springs, Spirit Lake, St. Anthony, St. Maries, Sugar City, Twin Falls, Wendell, Wilder.

Leave a Reply