Rathdrum Estate Planning Lawyers

Friendly & Experienced Legal Assistance to Safeguard Your Assets

You have worked hard to build assets that support you and your loved ones. An estate plan allows you to decide how those assets should be managed and passed on. We provide clear, approachable guidance to residents of Rathdrum, ID, and our attorneys work with you to create a plan that reflects your wishes.

Founded in 2016, we focus exclusively on estate planning and related probate matters. We take time to understand your circumstances, priorities, assets, and concerns before developing an individualized plan.

Schedule a free consultation with our Rathdrum estate planning team at (208) 486-0120.

At Rathdrum & Post Falls Estate Planning, we prepare a range of planning tools, including:

• Wills
• Trusts
• Guardianship
• Conservatorship
• Documents for durable financial authority
• Documents for healthcare decision-making authority
• Living wills and advance directives
• Inheritance and special needs planning
• Asset protection planning

Our Rathdrum estate planning lawyers also handle estate litigation and can represent you in court when needed, including during probate litigation. Attorney Kurt Schwab leads the practice with support from paralegals Maleah Oestreich and Lydia Turner.

Creating a Will

A “last will and testament” records how you want your property distributed after your death.

With a will, you can:

• Specify the people and organizations you would like to leave your property to.
• Name a personal guardian to look after any minor children.
• Name a trusted person to manage the property you leave to your minor children.
• Name a personal representative to carry out the terms of your will.

Under Idaho Code § 15-2-502, a will must be in writing and signed by you or by another person in your presence and at your direction. At least two witnesses must sign after witnessing the signing or your acknowledgment of the signature or will. Notarization isn’t necessary for the will’s validity, but it’s used for an optional self-proving affidavit. Idaho also recognizes a handwritten will when its signature and material provisions are in the testator’s handwriting.

Revocable & Irrevocable Trusts

Trusts can protect property and direct how it’s managed or distributed. Two common types serve different purposes:

• Revocable living trust: A trust that allows you to retain control of the trust and its property while you’re alive and can be revoked or modified.
• Irrevocable trust: A trust with more limited options for later changes than a revocable trust.

We prepare both types as part of broader planning and asset-protection strategies. The way property is titled, the terms of the trust, and beneficiary arrangements all affect how the documents work together. We review those details before recommending a trust structure.

It’s worth considering how a will and trust can complement each other. Trusts primarily concern property, while wills have broader functions, such as designating a guardian for minor children.

Powers of Attorney

Rathdrum residents can use these documents to authorize trusted people to act for them if they become unable to communicate their decisions.

Two common forms address financial and medical decisions:

• Durable Power of Attorney: A legal document in which a “principal” grants financial authority to an “agent,” typically a close relative or friend.
• Healthcare Power of Attorney: An advance directive that gives a trusted individual, or “agent,” authority to make medical decisions if you become incapacitated and can’t communicate your wishes.

We also prepare living wills and advance directives. Together, these financial and healthcare documents address who can make decisions and how your stated wishes should guide them if you can’t communicate.

Probate Guidance for Rathdrum Families

We guide personal representatives through probate and handle disputes involving heirs or creditors. Probate cases involving Rathdrum are filed with the Magistrate Division of the Kootenai County District Court in Coeur d’Alene. When a conflict can’t be resolved outside litigation, our attorneys are prepared to represent clients in court.

Idaho Code § 15-3-1201 provides an affidavit option for an estate consisting entirely of personal property valued at no more than $100,000 after liens and encumbrances. The affidavit can be used at least 30 days after death and doesn’t transfer real property. Whether probate, a small-estate affidavit, joint ownership, or a trust applies depends on the property and the estate’s circumstances.

What to Expect from Your Initial Consultation

Your free initial consultation is an opportunity to discuss your circumstances, goals, and the legal decisions affecting your family. We use that conversation to understand the work involved and identify relevant documents or probate services. You can also ask about the scope of the work and applicable fees before deciding how to proceed.

Once planning begins, we develop strategies around your assets, priorities, and concerns. You can contact us with questions and receive updates throughout the process. We also consider the potential for disputes, working to reduce unnecessary conflict while remaining prepared for litigation when it becomes necessary.

Creating an estate plan from scratch can feel overwhelming. Rathdrum & Post Falls Estate Planning helps individuals and families protect assets, plan for the future, and address decisions involving incapacity, inheritance, and probate.

Schedule a free initial consultation for Rathdrum estate planning with Rathdrum & Post Falls Estate Planning at (208) 486-0120.