Affordable Estate Planning & Probate Attorneys

Our Three Distinctives

Three important elements distinguish our practice from others here in Idaho:

1. Every client receives our Full Satisfaction Guarantee. For any client who is less than fully satisfied with our services, no fees will be charged. Period.
2. All of our services are provided on a fixed-fee basis. We do not undertake services until we have both determined and explained to you just what is needed, and then told you what the total cost will be. That way, before the services are undertaken, you know exactly how much the services will cost and how long they will take to complete.
3. On both estate planning matters and probate proceedings, we offer a free initial consultation for up to one hour. That allows us to answer as many of your questions as possible free of charge.

Estate Planning

An “estate plan” sounds grandiose. Like something only needed by those who are rich and famous. But it’s not. For some clients, a Simple Will may provide the basis for their estate plan. For others, the benefits of a more detailed plan may be worthwhile.

The Boise estate planning lawyers at Peters Patchin & Monaghan have significant experience and can help you to create an estate plan that skillfully handles each of the following:

• Establishes who will inherit your property and possessions when you pass away;
• Names the person you want to oversee that inheritance process as your Executor;
• Designates the Guardians who will raise your children if they are minors when you die;
• Expresses your wishes regarding your medical care if you become incapacitated; and
• Nominates an Agent who can act for you in medical and financial matters if necessary or convenient.

The Four Types of Estate Plans

For most people, their estate plan is one of just four types.

Simple Will — The first type of estate plan is based on a Simple Will which designates who is to be your Executor and who is to inherit your property. Along with the Will, a Living Will and a Power of Attorney are typically included.

Will with a Trust for Children — The second type of estate plan is a Will that includes a Trust for your children. This type of Trust allows the Executor to retain the inheritance until your children are mature enough to receive it. It also names the Guardians who are to help raise any minor children. And, again, a Living Will and Power of Attorney are typically part of the mix.

One significant problem with both the Simple Will and the Will which includes a Trust for the children is that they do nothing to avoid probate.

Under these types of estate plans, the family and heirs will usually be required to hire a lawyer and go to court for the minimum of six months required to accomplish probate. And for the Will which includes a Trust, the court supervision can continue for many years if there are young children involved. Not only is all of that a waste of time, the cost usually is burdensome.

Family Trust — For those who want to spare their family and friends the time and expense of probate, the third type of estate plan makes the most sense — a Family Trust. This trust determines who will inherit the property, accounts, and possessions of the person(s) making the trust. It dictates who the trustee will be who manages that process after you have passed away. It sets the rules under which an inheritance for a young heir will be administered and distributed. And it entirely avoids the time and expense of both the probate and any ongoing supervision by the court.

No Plan at All — Unfortunately, some people do nothing to establish their own estate plan. They have no Last Will and Testament and no Family Trust. In that case, the state of Idaho actually provides an estate plan for them. Idaho statutes dictate which family members inherit the property and possessions of that person when he or she passes away. They also determine who will serve as the Guardian of any minor children. Unfortunately, this one-size-fits-all approach is almost never what the person who died would have wanted. But it is a default estate plan of sorts.

If you’d like to schedule an expedited appointment with an attorney for your free initial consultation to discuss your estate planning options, please call us at 208-939-2600 to set up your appointment.

Probate

The other service that we provide here at Peters Patchin & Monaghan is the handling of probate for the families and heirs of those throughout Idaho who neglected to set up a Family Trust or take other steps to avoid the probate requirement.

For those who have recently lost a loved one, the initial question should always be whether probate is legally required. The answer to that question depends on the type and extent of the property, possessions, and accounts that were left. If any real estate was left, probate is usually required. If no real estate was left, but other possessions and accounts with a value in excess of $100,000 were left, then probate is still usually required.

Probate is only not required when the person who died (1) left no real estate and (2) left possessions and accounts with a value of less than $100,000. For the heirs in that situation, instead of probate, a simple Small Estate Affidavit is typically all that is required to collect and distribute the estate to the appropriate beneficiaries.

For those for whom probate is a requirement, we do our best to handle all of the details as expeditiously as possible. If circumstances permit it, we can often cut corners to shorten and simplify the process. During your free initial consultation, we can assess the situation to ensure that such short cuts are an appropriate option for you before the probate is undertaken.

Here to Help!

Our firm serves estate planning and probate clients in the entire Treasure Valley – Boise, Meridian, Eagle, and Kuna, as well as Star, Nampa, Caldwell, and Middleton. We likewise assist clients from Emmett, McCall, and Mountain Home. In short, we serve all of Ada County, Canyon County, Gem County, Valley County, and Elmore County. And, in probate matters, we can assist with proceedings anywhere in the entire state of Idaho.

We also strive to be approachable. Every telephone call is answered or returned promptly. Likewise, we do our best to schedule an appointment for new clients as soon as possible after their request for a meeting.

Contact the Boise estate planning and probate attorneys at Peters Patchin & Monaghan today at 208-939-2600 to set up your free initial consultation at our offices in Eagle, Idaho.