THE GRAHAM LAW OFFICE, P.A.

Boise, Idaho

Experienced Probate & Trust Administration Attorney

Located in Boise, Idaho, The Graham Law Office, P.A., provides probate and trust administration guidance and representation you can rely on.  Our practice includes counsel for all estate planning related issues, from complex wills and living trusts to Medicaid planning and elder law.  

What is Probate?
Probate refers to a legal process by which a decedent's assets are distributed to heirs. This process is supervised by the probate court. All legal requirements of the probate court must be met.

Wills
Contrary to popular belief, having a will does not avoid probate. After death, the will must be filed with the probate court, where it becomes public record. Although a will may be the most appropriate estate planning instrument for some people, others seek alternative planning tools, such as trusts, in order to avoid probate. They do so to minimize the inconvenience and expense to loved ones, as well as to keep their dispositions private.

Trusts
A trust that is properly funded does not have to be filed with the probate court, and does not have to follow the probate procedures. Nonetheless, a trust must still be administered in compliance with the terms of the trust and Idaho statute. Besides the technical requirements of Idaho law and the terms of the will or the trust, an estate tax return may need to be filed depending upon the size of the estate. The return is due 9 months after death. 

Click here for schedule of applicable exclusion, gift and estate tax rates.

Even if the decedent failed to properly plan, there are opportunities for the family to take advantage of other legal options that may exist to create better tax benefits for the family. Family members are well-advised to seek the counsel of a qualified elder law / estate planning lawyer if they are in such a situation.  Frequently, family members believe their loved one properly planned because assets have been designated to specific individuals. Such assets may be designated through a will or a trust, or through beneficiary designations as is the case with IRA's or insurance policies. However, the mere fact that these assets are going to specific people does not necessarily make these arrangements the best and most efficient estate planning strategy for the family, with regard to both tax and Medicaid planning purposes. 

To help you get started, you and your family are invited to participate in any of our free estate planning workshops.   These workshops provide helpful information on protecting your assets and your loved ones, such as information on simple and complex wills, living trusts, Medicaid planning, elder law, probate, estate and trust administration, and much more. 

All workshops are free and are open to the general public.  Please contact us for dates and times, and to learn more about how asset protection and estate planning lawyer Susan M. Graham and her experienced staff can help you plan for the future. 

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The Graham Law Office, P.A.

1009 W. Fort St.
Boise, ID 83702
Phone: (208) 344 – 0375
Fax: (208) 344 – 1510

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Located in Boise, Idaho, Attorney Susan M. Graham serves clients throughout Ada, Canyon, Elmore, Valley and Gem Counties, including the communities of Caldwell, Nampa, Meridian, Mountain Home, Emmett and Ketchum.