A Will is a legal document that names the people you trust to handle your affairs and raise your minor children after your death. You also can use a Will to direct how you want your property distributed. Without a Will, Idaho law makes all of those decisions for you.
Every adult—especially those with kids under age 18—needs a Will. Why?
A Will lets you name the people who will raise your kids and make decisions about their health, education, and wellbeing if something happens to you.
A Will lets you name the people who will handle the practical matters after your death (called Personal Representatives or Executors). They’ll take care of your funeral arrangements, pay your bills, safeguard your home, and distribute your money and property to the people or charities you choose.
Without a Will, Idaho law makes four critical decisions for you:
If you die without naming Guardians for your minor children, child protective services may take temporary custody. Then a judge—who doesn't know your family dynamics, your values, or your wishes—will decide who raises your kids.
Without a Will, a judge will appoint someone to handle your affairs based on Idaho’s priority list, starting with a spouse, then children, then siblings. But maybe your spouse is grieving, your oldest child is only 18, or your sibling is not great with money.
If you leave no Will, a judge will distribute your property according to Idaho law. That might be fine, or it might mean that a cousin you never met gets everything.
If you don’t make your wishes known, many valued people and causes in your life will receive nothing after your death. If you don’t name your long-term romantic partner, your friends, your stepchildren, or your favorite charity, they will be shut out.
The best way to create a Will is to work with an attorney experienced in estate planning.
You’ve probably seen ads for LegalZoom, LegalShield, or other do-it-yourself Will templates. Yes, they’re inexpensive. But they’re also just forms. Cold, impersonal forms that can’t answer your questions or help you think through the decisions that matter most.
A Will is a legal document that names the people you trust to handle your affairs and raise your minor children after your death. You also can use a Will to direct how you want your property distributed. Without a Will, Idaho law makes all of these decisions for you.
Yes. A Will isn’t about wealth, it’s about making sure the right people care for your children, handle your affairs, and inherit what you own.
Beneficiary designations only cover specific accounts, while a Will ties everything together and covers the rest of your property.
Yes. A Will names Guardians for children and handles any property that didn’t make it into your Trust. At Willena, all Trust plans also include a Will.
You can, but online forms can’t provide legal advice, navigate your family dynamics, or ensure proper signing under Idaho law.
Want to learn more about Wills? Check out my recent Blog posts below.
Creating a Will doesn’t have to be overwhelming or depressing. My clients say it can be empowering and even enjoyable.
A Trust is another way to name the people who will handle your affairs after your death and choose who receives your property. But if you’ve only heard about Trusts from TV shows or wealthy relatives, you might think they’re just for rich people. Or maybe you’ve been too intimidated to ask: what even is a Trust?
Setting up a Trust is a way to make distribution of your property after your death easier, more private, and less expensive by avoiding the court-supervised probate process. A Trust also gives you more control, letting you set detailed terms for how and when your children or other beneficiaries will receive their inheritances.
A Will or a Trust takes care of what happens to your property after your death, but what if you become incapacitated while you’re alive?
That’s where Financial and Healthcare Powers of Attorney come in. These documents allow you to name trusted people to make financial and healthcare decisions on your behalf if you become unable to make them yourself, whether due to illness, injury, or cognitive decline.
Without Powers of Attorney, your family may have to go to court to establish a conservatorship or guardianship, which is expensive, time-consuming, and strips away your privacy.