Wills and probate
Goss Gustavel Goss, PLLC recommends that everyone prepare a will to provide for children and ensure their assets are distributed at death in accordance with their wishes. Another important reason for having a will is to avoid arguments and lawsuits about assets after your death. Although death and these issues are difficult to discuss, it is important that you have a legal plan in place.
Skilled attorneys preparing sensitive documents
Our attorneys realize that these issues are sensitive. We gently guide you through the formalities to make sure that your wishes are followed at the end of your life.
We can help with the following issues:
- Preparation of last will and testament
- Probating wills
- Preparation of power of attorney
- Will contests
- Estate planning
- Advance directives
- Distribution of assets
The state of Idaho, in essence, writes your will for you if you do not prepare your own will. The state also appoints your personal representative to administer your estate. When a person dies intestate, the assets are distributed by statute regardless of how you would have wanted your assets to be distributed.
Assets not covered by a will
Some assets do not pass under a will. When a person dies, the property passes by operation of law no matter how the asset is disposed of in the will:
- Property that is jointly owned passes automatically at the death of one owner to the other joint owner
- Retirement plans and insurance policies pass to the named beneficiary
There are two kinds of advance directives that address a possible future in which you become incapacitated and are no longer able to make healthcare decisions for yourself. We can help prepare both kinds—living wills and durable powers of attorney for healthcare:
- A living will communicates your desires in case you are put on life support equipment or artificial means to keep you alive. This document directs your family to what extent you want these treatments to be used.
- A durable power of attorney for healthcare names the person of your choice to make all medical treatment decisions if you are unable to communicate or make these decisions for yourself.
Preparation of these documents can remove a tremendous burden from children or other relatives who would otherwise agonize over these decisions and possibly even face legal proceedings. Either advance directive can be modified or canceled should you change your mind.
Experienced attorneys striving for constructive resolutions
Contact Goss Gustavel Goss, PLLC at (208) 345-9974 to be represented by a firm that recognizes the emotional trauma involved in your personal and family legal issues. We put our clients at ease until a resolution is found.