Boise River Estate Planning
Probate
Guardianship/Conservatorship
Trust & Wills

Declaration for
Mental Health Treatment

Basics of Estate Planning
Living Will and
Durable Power of Attorney
for Health Care

Registration of Living Will and
Durable Power of Attorney for Health Care

General Power of Attorney

Estate Tax Considerations

Wills

Trust

Probate

Intestacy

Estate Planning Definitions

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Estate Planning Probate

Probate is a process authorized by statute to clear title to the decedent's property, to pay the decedent's creditors, and to distribute to the beneficiaries the property of the decedent. In Idaho, the Idaho Uniform Probate Code authorizes a simplified probate, among other processes called informal probate. Through informal probate, there is generally no need to be involved in any court hearings and all pleadings are sent directly to the court.

Because of the informal probate proceeding, a probate in Idaho is generally uncomplicated and provides a forum to determine creditor's claims and any potential disputes. The desire to avoid probate is a consideration in the estate planning process, but should not be the sole driving force to create a revocable trust.

Sandra L. Clapp has the following experience in estate administration:

Estate Administration

  • Prepared informal applications for probate and appointment and petitions for formal probate of will and appointment.
  • Represented clients in supervised probate proceeding and prepared pleadings for court approval of all distributions and transactions.

Estate Disputes and Claims

  • Negotiated and prepared settlement agreements between interested persons and prepared petitions for court approval of settlement agreement.
  • Represented clients in contesting proposed estate distribution.
  • Represented creditors in petitioning court for accounting and inventory of estate assets and allowance of contingent claim arising from ongoing, non-probate litigation.

Ancillary Proceedings

  • Represented non-resident clients in preparing ancillary probate documents.
  • Retained counsel from other states to conduct ancillary probates in those jurisdictions and reviewed and approved ancillary proceedings.

Negotiation

  • Negotiated and drafted agreement for sale of numerous shares owned by decedent in publicly traded company founded by decedent.

  Updated 01/07/13

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Basics of Estate Planning - common documents, techniques or considerations reviewed in the estate planning process by Sandra L. Clapp & Associates, P.A.

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Note: This document is provided for informational purposes only. While every effort has been made to ensure its accuracy, it should not be relied upon as legal advice in individual situations. Please consult your legal advisor for personalized information.


 
 
 
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