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Probate is the procedure for transferring title of a deceased person's property to the proper survivors. If the person did not have a will, the laws of intestate succession set out who will inherit. If there is a valid will, the estate still must be probated, but it is distributed according to the will. Probate also arranges for payment of all debts and taxes.
As with most legal questions, the answer is fact specific. The instant a bankruptcy case is filed, your creditors are prohibited by law from contacting you, attempting to collect a debt and yes, they are also prohibited from foreclosing on your home. Even if your home is scheduled to be sold at foreclosure tomorrow and you file bankruptcy today, an injunction called the automatic stay will temporarily sheild you from creditors, forcing your lender to immediately cease and desist with foreclosing.
Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions.
Please review the guide below for more information.
Affidavit for Collection of Personal Property (pursuant to a small estate proceeding under Idaho Code Sections 15-3-1201 and 15-3-1202)
Attached to this page is a Word.doc version of the Affidavit for Collection of Personal Property that may be edited and filled in electronically before filing.
Forms are available for free to low income individuals seeking to change ownership of property after a death. We currently have forms for An Affidavit Collecting Property and a Petition for Summary Administration of an Estate.
Please check the list below to make sure you will qualify to use the forms currently available:
Petition for Summary Administration of an Estate
Summary administration is a simplified and expedited method, under Idaho law, for distributing a decedent’s estate.
Please find attached a template letter that you can use to request information from your mortgage servicer for information regarding escrow accounts if your mortgage loan is currently in forebearance.
The National Housing Law Project has created a Know Your Rights Brochure on the Violence Against Women Act and its protections related to federally assisted housing for survivors of domestic violence, sexual assault, dating violence, and stalking.
Please view the brochure here for further information: https://nhlp.org/files/VAWA-2013-Packet.pdf.
This guide was created by Idaho Legal Aid Services, Inc. to explain housing rights and protections a domestic violence survivor has under federal and state law.
For more information, please see the guide below.
The Suffolk Lit Lab has developed a form to help people on SSI or SSDI create a letter to report changes to Social Security that might affect their benefits and to avoid any possible overpayments. For more information, visit their website here: https://apps.suffolklitlab.org/run/ssareportchangesletter/#/1
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