Since Idaho is a community property state, many married couples believe they don’t need a last will and testament until the first spouse passes away. However, there are many facets to estate planning that should be done together to help decide how you want your futures to look.
When doing estate planning, power of attorney is a term you will hear a lot. All estate planning lawyers do their best to ensure all legal documents are as clear as possible. However, written words can always be taken in different ways depending on who they are interpreted. A power of attorney assigns someone to help interpret your wishes in the event you pass or are unable to vouch for yourself.
Estate planning gets a little more complicated when you have to incorporate trusts. Trusts can be versatile tools, but not every estate plan requires their creation. A trust can be useful in protecting the inheritance of a minor or help manage the finances of someone that doesn’t have the means to properly manage their resources.
Too often people set up an estate plan and then think they can forget about it. However, as your life evolves, your estate plan should too. While certain events are obvious that a change is necessary such as change in marital status or the purchase of a new home, other events might not be as clear.
Most people know that creating an estate plan is an important task. Yet, it is easy to put off planning for the future and recent statistics show that many adults have no estate plan in place. Estate planning can be simple or complex depending your family situation or current state of affairs. However, either way, it is important to make it a priority so your family is not left with no sense of guidance. Let us help you navigate this sensitive topic to ensure all your questions are answered.
To further elaborate on how to properly classify employees under Idaho Law, we bring you Part 2 of this series.
An employee may report an alleged misclassification to the IRS and Idaho Department of Labor, which then investigates the claim. In determining whether the worker is an employee or an independent contractor, both the IRS and Idaho apply what Idaho refers to as “the right to control test.” In essence, this looks to: (1) whether the employer has the right to control what the worker does and how the job is performed; (2) how payments are made (e.g., regular periodic payments suggest an employer-employee relationship); (3) whether the employer furnishes the equipment used to perform the job; and (4) whether the worker has the right to terminate the relationship without liability. This test looks at the overall set of facts, but the Idaho Supreme Court has repeatedly held that where there is doubt, the resolution is to find that the worker is an employee.
An issue that may be confound Idaho employers is determining whether a worker is an employee or an independent contractor. For the reasons discussed below, some employers may be tempted to classify a worker as an independent contractor even though they meet the criteria for an employee, but the legal penalties for misclassification can be severe and should be avoided.
Many Idaho entrepreneurs starting their own business are faced with uncertainty about what is legally required when they are ready to hire their first worker, and they are concerned with the risks that come with being an employer. Following these steps will help you get on the right track, but a skilled lawyer will be able to walk you through the process and ensure that as your business grows, you are following the legal requirements for hiring and retaining employees.
When most people think about a family lawyer, the first thing that comes to mind is divorce. While divorce cases are common, there are many other complex family legal issues that require the help of an attorney.
Getting a divorce is a very large decision. If there are kids or property involved, a divorce can really change the landscape of many lives. Therefore, legal separation might be the first step in determining if your differences are truly irreconcilable.