This Land is Your Land, This Land is My Land

As the weather starts to warm up and the green replaces the snow on the face of Schafer Butte, our minds turn to the scheming and dreaming and promises that a beautiful Idaho spring brings.

As the snows thaw, so too seemingly, has the housing market locally. While it may not be 100% clear skies and great buys, things seem to be trending in a more positive direction. To that end, folks might be inclined to think about putting that home of theirs on the market or looking for a better space for themselves and their families, or both.

As an estate planning attorney, I see my share of real estate agreements and all other documents that concern home and land ownership on a frequent basis. What I am consistently amazed by are the haphazard and potentially problematic ways these documents are created by folks (do-it-yourself-ers) who were either on the receiving end of some bad advice or have consulted with the Google oracle in helping them draft deeds, agreements, and the like. I hope we’ve come to understand, especially in these last few years, that one ought not to believe everything they see on the internet.

What folks may not understand is what could befall them or their families when real estate documents aren’t drafted correctly. I have seen an abundance of ‘quitclaim’ deeds that will be trouble down the line when someone wants to transfer their property. Bad advice so often brings unintended consequences and that is what a professional is there to prevent.

I often see my position, in part, as a forecaster. Any good estate planning attorney takes into account their client’s current situation and then tries to forecast every imaginable outcome – what happens if A, B, or C transpires, and in some cases, also considering D, E, and F…

Knowing the difference between the values of different types of deeds – Warranty Deeds versus Quitclaim deeds, for example, is crucial. Words mean things and they have consequences. What one might not understand is that a deed that works in Montana isn’t a guarantee that it works or will be accepted in Idaho. Our laws regarding land differ. Making a transfer during your lifetime or through your estate plan have very different consequences, as well. Knowing the difference and doing it correctly from the beginning – or not – can impact a family for generations.

And when it all goes haywire, the courts may have to get involved, and those few hundred dollars saved turn into thousands spent, what then? When one must initiate a quiet title action or to turn to the courts to compel the sale of property it’s too late to go back – there are no mulligans in this area of the law. Doing it right from the start is imperative.

A good estate planning attorney deals with the whole of your estate – people and property. They know the laws regarding land and can create the best plan for you and yours now and in the future. The Google oracle is just an algorithm. In estate planning nothing beats the human touch. If you’d like to speak with a live body, I’m here.