Monday, April 4, 2011

Boise Divorce Lawyers, Divorce Attorneys, Boise Family Law Lawyers, Probate Attorneys

Boise Divorce Lawyers, Attorneys, Boise Family Law Lawyers, Probate Attorneys in Idaho, call (208) 472-2384 for a free consultation.

Family Law in Idaho has many facets including divorce, custody and probate.  Probate occasionally  falls under family law because there are elements of the family included in establishing your estate.  An example of where family law and probate intermingle is in divorce.  As a Boise Divorce Attorney, I always tell my clients to make certain that they change their will after they divorce.  This primary reason for this is to facilitate the ease of probate once you die.  For example, if you never take out a piece of property that your ex-spouse was awarded in the divorce, you can get a lot of complications going.  It is always best to clean up your will after a divorce.

Another example of where  changing your will is really the best thing to do is when you divorce, you should take out your old spouse and put in your new spouse.  If you leave your new spouse out of the will, Idaho has a probate provision in the Idaho Code that says your spouse will take their share of the property (as if you had died without a will) unless it is clear that you intended to leave them out.  If, however, you didn't take your Boise Divorce Lawyers advice and take the exspouse's name out, that ex spouse may still take some of your property.  For example, if your old will read, "I leave all my real property to Betsy Boo" but you did not name her as your spouse, when you die and you haven't taken her name out Betsy Boo may still take some property of yours.  If I were Betsy Boo's Probate Attorney and there wasn't evidence to the contrary, I would certainly argue that.

Cleaning up your will pursuant to divorce is an area where family law and probate law get heavily entangled.  Remember, don't forget to get a new will!

If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call (208) 472-2384.  You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you.

1 comment:

  1. Hi! nice post. Well what can I say is that these is an interesting and very informative topic. Thanks for sharing.Cheers!

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