Idaho State Statutes - Idaho Attorney Directory

RESTRICTION ON DEVISES TO NURSING HOME OR RESIDENTIAL OR
ASSISTED LIVING FACILITY OPERATORS. A devise or bequest involving either real
or personal property, directly or indirectly, to any person who owns, operates
or is employed at a nursing home, residential or assisted living facility or
any home, including the testator's home, whether or not licensed, in which the
testator was a resident within one (1) year of his death shall be presumed to
have been the result of undue influence, rebuttable by clear and convincing
evidence. This section shall apply to all property passing by testate
succession after July 1, 1983, regardless of when the will was written;
provided, this section shall in no way limit or affect the rights of a
beneficiary who is related to the testator, or who is a charitable or
benevolent society or corporation; provided further that the foregoing
limitations shall not apply to wills of persons whose death is caused by
accidental means and whose wills are executed prior to the accident which
results in death.

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