Idaho Falls Litigation Attorneys
Litigation Representation in Idaho and Montana
When going to court, you deserve legal representatives who are knowledgeable, communicative, and driven to deliver optimal results. At Freedom Law, we offer judgment-free advocacy to individuals, families, and businesses. Our Idaho Falls litigation lawyers have over 15 years of experience and understand how a wide spectrum of cases are adjudicated in Idaho and Montana courtrooms. No matter your circumstances, we will leverage our extensive skills to protect and advance your interests.
If you have become involved in any kind of litigation, do not hesitate to schedule an initial consultation by calling (208) 271-4403 or contacting us online. We offer flexible payment options and provide our legal services in English and Spanish.
Types of Litigation We Handle in Idaho and Montana
Our team at Freedom Law can help you pursue legal action against another party or represent you if another person or entity is taking legal action against you. We understand how to approach complex courtroom matters from both sides. When you come to us for assistance, we will carefully evaluate your situation, help you explore your legal options, and develop a tailored strategy designed to achieve a favorable outcome.
Our Idaho Falls litigation attorneys can assist you with many types of cases, including those involving:
- Bankruptcy Litigation. A straightforward, conflict-free bankruptcy case will not require any litigation. In some cases, however, a creditor, trustee, or filer may need to initiate adversary proceedings to resolve a dispute relating to the bankruptcy. Adversary proceedings may involve clarifying whether a debt can be discharged, determining whether all estate property has been appropriately disclosed, or objecting to any of the court’s, trustee’s, or debtor’s actions.
- Breach of Contract. Individuals and companies rely on contractual agreements to safely conduct business and complete corporate transactions. When a person or entity is harmed because another party fails to uphold their contractual responsibilities, the injured party can pursue legal action and potentially obtain compensation to cover their losses.
- Failures to Disclose Property Defects. In Idaho, sellers are required by law to fill out property disclosure forms in advance of a real estate transaction. This means home sellers must proactively inform prospective buyers of any known property defects, such as structural problems or pest infestations. If a property owner fails to disclose known defects, a home buyer can attempt to hold the seller accountable in court. Conversely, Montana law does not explicitly require sellers to make any disclosures. However, they cannot intentionally misrepresent the state of the property (including any known defects), so there may still be cause for legal action if there is evidence a seller deliberately misled a buyer.
- Guardianship and Conservatorship Disputes. When someone is unable to care for themselves or manage their own affairs without outside assistance, a court may permit a guardian and conservator to look after their well-being and finances, respectively. The process of becoming a guardian or conservator can be contentious, particularly if family members disagree on who should care for the ward or whether a guardianship or conservatorships is even necessary. These conflicts must be resolved through litigation before a guardianship or conservatorship can be established.
- Misappropriation of Trade Secrets. Many companies are understandably concerned about the unauthorized dissemination of proprietary information. Most businesses will use non-disclosure agreements (NDAs) to limit the possibility of leaks. If an employee, independent contractor, or any other party breaks their NDA, your business can take legal action to obtain compensation for the damage their breach caused.
- Will Contests and Other Estate Planning Disputes. Interested parties have the right to contest a deceased person’s will on certain grounds, such as lack of capacity, undue influence, and execution problems. A will contest freezes the probate process and must be decided through litigation before any distribution of assets can occur. If the will contest is successful, the current will is discarded. If another valid draft of the document exists, that will may be entered. Otherwise, the deceased person’s estate becomes subject to their state’s intestacy laws, which generally means their property will be divided amongst their most immediate surviving heirs.
Have questions about your legal options in a dispute? Contact us online or call (208) 271-4403 to discuss your case with our Idaho Falls litigation lawyers.
Do I Need Title Insurance When Buying a Home in Idaho or Montana?
It is generally a smart idea to get title insurance even if you perform a thorough title search on the property you are intending to purchase. Title insurance can offer financial security if an unexpected title issue arises down the road.
What Are the Advantages of a Conservation Easement?
Beyond environmental mindfulness, a conservation easement can provide considerable tax and estate planning benefits. Because conservation easements cannot typically be undone, they lower a property’s value, thus lowering the property owner’s overall taxable estate. The property owner may also be able to deduct the value of the conservation easement on their personal tax return.
What Is a Conservation Easement in Idaho or Montana?
A conservation easement is a type of voluntary agreement made between a property owner and either a qualifying nonprofit or a government agency. When a property owner decides to establish a conservation easement, they agree to permanently limit the types of development that can occur on that property. For example, a conservation easement on a property with a forest teeming with natural resources may mandate that the forest never be torn down or developed. A conservation easement becomes part of the property’s deed.