William F Nichols’s Answers

William F Nichols

Nampa Government Attorney.

Contributor Level 4
  1. Purchased 2 single family dwelling rentals in my name only as a married man. Put them in my LLC. Is wife covered if not on LLC?

    Answered 14 days ago.

    1. William F Nichols
    2. Lincoln David Strawhun
    3. William Anthony Massarweh
    3 lawyer answers

    There are several potential problems here. Do you have children? Are any of them from a previous marriage? Since Idaho is a community property state federal tax law allows the LLC to be a "disregarded entity" for taxation purposes and that may be the simplicity that your accountant was considering but from an estate planning perspective there are real problems and potentially expensive ones. Run and do not walk to a competent estate planning lawyer. There are excellent ones in that part of...

    4 lawyers agreed with this answer

  2. Question on descendants in my will

    Answered 10 months ago.

    1. Ryan Wesley Collier
    2. Diane L Gruber
    3. Joseph Franklin Pippen Jr.
    4. William F Nichols
    4 lawyer answers

    As presented the will does not need to be changed to have the residue go to the two surviving children. The language could be made more clear and that would be accomplished through a codicil as suggested by Attorney Collier, or, perhaps a new will may be better. Depending on the circumstances there may be other changes and updates that make a new will a better option. You are wise to ask these questions and resolve them. A visit with an estate planning lawyer will be time and money well spent.

    3 lawyers agreed with this answer

  3. What type of license do I need to launch a magazine locally in Idaho?

    Answered 12 days ago.

    1. William F Nichols
    1 lawyer answer

    Generally there is no license required for publication of a magazine in Idaho. There are copyright and trademark registration issues but those are federal requirements that would apply anywhere in the U.S. It would be smart to form a business entity, such as a limited liability company, or corporation, to publish the magazine. You would also need agreements with article writers, photographers, and graphic artists that permit you to use their works in your publication. Also be aware that...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. I sold a mobile home. it is not on foundation, the property went with it. they are 2 months behind payments, can I foreclose?

    Answered 15 days ago.

    1. William F Nichols
    2. Lincoln David Strawhun
    2 lawyer answers

    In order to answer your questions, an attorney would first need to review all the documents related to the sale of the property and the mobile home. Depending on the buyers' obligations outlined in the documents you may be in a position to foreclose or request a deed in lieu of foreclosure. The Idaho State Bar has a referral service that you can use to get an appointment with an attorney in your area at a very low cost for the initial consultation. The sooner you see an attorney the sooner...

    1 lawyer agreed with this answer

  5. Can a company remove worked hours from a pay check without informing employee first? Is there legal action I can take?

    Answered 12 days ago.

    1. William F Nichols
    1 lawyer answer

    If you actually worked the hours then it is illegal for your employer to refuse to pay you. Since the supervisor put the 2 hours back there was no harm to you. If the behavior continues, you can call the U.S. Dept. of Labor office in Portland that is responsible for complaints about employers in So. Idaho. The toll free number is: 1-866-4-USWAGE (1-866-487-9243. In some instances the complaints can be anonymous.

    1 person marked this answer as helpful

  6. Can a Landlord/Property Manager refuse to fix an existing Air-conditioner that's in a trailer already that a tenants renting?

    Answered 15 days ago.

    1. William F Nichols
    1 lawyer answer

    Idaho law permits a tenant to seek damages from a landlord for, among other things, failure to maintain a cooling system in good working order. However, before any such action can be filed the tenant must first give written notice to the landlord listing what is wrong and demanding that the landlord fix the problem. If the landlord uses a property manager that manager is the landlord's agent and the notice can be given to that property manager. An attorney should be consulted. The Idaho...

  7. Is a landlord required to repaint a rental after 4 years in Idaho when tenant vacates?

    Answered about 2 months ago.

    1. William F Nichols
    1 lawyer answer

    As a general rule in Idaho, a tenant is not responsible for "normal wear and tear" of the rental. The statute in question defines "Normal wear and tear" means that deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests. That may be affected by the terms of the rental agreement which may better define...

  8. What to do if water heater has been broken for over a week?

    Answered 10 months ago.

    1. William F Nichols
    1 lawyer answer

    Under Idaho Code 6-320, residential landlords have a duty to provide a "habitable" dwelling and that includes working plumbing. You must give the landlord written notice of the problem and after that, the Landlord has three days to repair. If it isn't repaired in three days you have the right to file suit. I recommend that you contact an attorney in Post Falls or Coeur d'Alene. Some will offer a free initial consultation. Good luck.

  9. Should I contact the Mayor to get my government job back following my voluntary retirement?

    Answered almost 2 years ago.

    1. William F Nichols
    1 lawyer answer

    There is no prohibition against calling the mayor's office and asking if the city has volunteer opportunities, and if so, in what departments. There are often many volunteer opportunities, including unpaid positions like planning and zoning commission appointments, etc. that give someone a chance to contribute and to be recognized in the process. Whether you can get to volunteer in the department where you formerly worked may not happen, but there may be other work that is just as satisfying...

    1 person marked this answer as helpful

  10. I have a conviction in fl for lewd act in 1994. I moved to IL in 2010. I have a letter stating i dont have to register in IL.

    Answered about 12 hours ago.

    1. William F Nichols
    1 lawyer answer

    This isn't something that can be answered on a website like this one. As you have indicated the facts are complex. Even though the statutes may not seem to answer the question it is possible that there is IL case law that has already examined this issue. Because failure to register can have extremely serious consequences you should seek the services of an IL criminal defense attorney ASAP. It may cost some money to get an answer but you are far better off knowing what you should do. I can'...