How Can I Legally Break the Relationship With a Parent?

July 25, 2024/in Family Law /by Gretchen Boger

Family relationships can be complicated. Unfortunately, children sometimes find themselves in situations of abuse or neglect that lead them to seek a legal separation from one or both parents. Severing or limiting legal ties with a parent can take various forms, depending on the age of the child and the jurisdiction. The following are a few of the avenues that might be open to you if you wish to legally break the relationship with a parent.

Emancipation of a Minor

Some states recognize a legal process known as emancipation of a minor. Minimum age requirements vary but are usually around 16 or 17 (although minors as young as 14 can petition for emancipation in California). In general, there are three ways to seek emancipation: by getting married; by joining the military; or through a court order called a Declaration of Emancipation.

To petition the court for a Declaration of Emancipation, the minor needs to prove that they meet the minimum age requirements of the state of residence, do not live with their parents (and the parents are not opposed to this situation), and can support themselves legally.

Although in some ways an emancipated minor acts as an adult, they are not legally an adult and certain laws will still apply to them (e.g., they have to go to school, cannot vote until 18, cannot buy alcohol until 21, etc.) until they are of age.

Adoption

In most cases, if an adult legally adopts a minor, the court will terminate or vacate the legal rights of the biological parents. Many adoptions require the biological parents to agree to terminate their parental rights, and, in cases where the child is old enough, they might also be required to give consent.

Termination of Parental Rights

Family courts seek the best interests of children first. In extreme cases of abuse or neglect or where a parent is unable to appropriately care for a minor, the court might terminate parental rights, thus legally severing ties between the parent and child. If you are a minor still living with your parents and feel unsafe or are experiencing abuse or neglect, talk to a trusted adult like a teacher or school counselor or call your state’s Child Protective Services to report it. They will find a safe place for you and discuss next steps and options.

Legal Estrangement

Once you are 18 years old, your parents no longer have legal rights to make decisions for you. If you feel that this level of independence from your parents is not enough, you can sometimes seek to have a court formally acknowledge legal estrangement between you and your parent(s). Legal estrangement will affect your inheritance rights but also your obligations to provide parental support in the future. Some individuals also choose to legally change their name to further distance themselves from their parents.

Get the Help You Need Today

Before you pursue any of the above legal approaches to breaking the relationship with a parent, it’s a good idea to consult with a family law expert to better understand all your options and their repercussions. The family law group at Lonich Patton Ehrlich Policastri is one of the largest family law practices in the Bay Area and has years of experience navigating complex family issues. Contact us today for a free, no-obligation consultation.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Charitable Giving Through Estate Planning: Leaving a Legacy of Philanthropy

July 18, 2024/in Estate Planning /by Michael Lonich

Estate planning is all about leaving a legacy – allowing you to provide for the people and causes most important to you even after you’re gone. Having this plan in place now can give you much-needed peace of mind and also means you can explore different options for how you want to structure your estate to achieve the greatest possible positive impact.

It’s best to work with an experienced estate planning attorney to ensure you understand all the legal complexities, tax benefits, and pros and cons of the various approaches you can take, but the following is a brief description of some of the most common methods of incorporating charitable giving into your estate plan.

Charitable Trusts

Setting up a charitable trust is a great way to provide for both your non-charitable beneficiaries (i.e., your family) as well as for the charity or charities of your choice. The most common type of charitable trust is a charitable remainder trust.

With this type of trust, you would transfer assets into an irrevocable trust that would pay income to your heirs for their lifetime or a designated number of years up to 20 years. After the death of the beneficiary (or the end of the term of years), the remainder of the assets in the trust would be donated to charity.

There are different types of charitable trusts that vary in the amount and the ways in which the principal is distributed. The type you choose will affect the relevant taxes (e.g., estate, gift, generation skipping, and income taxes), so it’s always a good idea to check with your financial advisor and an estate planning expert to accomplish your philanthropic goals while also reducing any negative tax impacts on your non-charitable beneficiaries.

Outright Gifts

One of the simplest ways to support the organizations you care about is by designating assets such as cash, stocks, or proceeds from the sale of property to be given directly to charity as part of your will. Some of the benefits of this option are that the gift can have an immediate impact while also providing some flexibility to you to make changes throughout your life, unlike with a charitable trust, which is irrevocable.

Donor-Advised Funds

If you are interested in a more long-term option, many people choose to establish a donor-advised fund for their charitable giving. Working with a public charitable organization, you contribute assets to set up a tax-free investment fund. With this option, you receive tax benefits immediately while also having the freedom to make recommendations for how the fund will be used to support causes important to you. The funds continue to grow tax-free, which means your contribution can have a significant impact over a longer period of time.

Ready to Get Started?

The estate planning group at Lonich Patton Ehrlich Policastri has significant expertise when it comes to preparing trusts and other estate planning documents related to transferring wealth and charitable giving options. Call us today at (408) 553-0801 to set up a free, no-obligation consultation to discuss your long-term philanthropic goals. We can help protect your family’s future while also establishing your legacy of philanthropy.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Divorce and Estate Planning: Revising Your Will After a Marital Split

July 11, 2024/in Estate Planning /by Michael Lonich

Going through a divorce is a multi-faceted process. There are so many things to be decided, such as spousal support, child custody, child support, and division of assets. You must also set up your own checking and savings account, create a new budget, and make new living arrangements. With everything going on and the emotional turmoil you are likely experiencing, you may forget about updating your estate plan. However, there are several reasons why revising your will should be a priority.

How Is Your Will Impacted by Your Divorce?

Specific provisions in your will may be automatically revoked when your divorce is completed per California Probate Code Section 6122. This includes voiding any gifts or inheritances designated for your former spouse. And if your will names your former spouse as the executor, the designation is revoked. Remember, during the pendency of your divorce, your will or trust remain in full force and effect. Consider an interim will during your divorce and then revisit the will once completed.

Your Divorce’s Impact on Other Estate Planning Documents

If your spouse is named as your financial power of attorney or your healthcare proxy, you will want to remove them and appoint someone else. You will also need to update the beneficiary designations on life insurance policies and retirement accounts.

Considerations for Divorced Parents When Revising Their Will

If you have children, you will want to specify who you wish to act as guardian for your minor children if both you and your ex-spouse pass away. You will also likely want to set up trusts to manage your children’s inheritance until they reach adulthood.

How Do California’s Community Property Laws Impact Your Will?

Assets acquired during your marriage are generally considered community property and were subjected to division upon your divorce. This can affect the distribution of your estate. You must ensure that your will accurately reflects the division of assets as determined by the divorce settlement.

Another’s Divorce May Also Impact Your Will

We often name family members or close friends as guardians of our minor children if something were to happen to us and the other parent. If a couple is jointly named and they divorce, you must make sure that change is reflected in your will.

Revising Your Will After Your Divorce

Even though California automatically makes some changes to your will upon your divorce, it’s essential to update your will to reflect your new circumstances and intentions. You should explicitly revoke your previous will to prevent any confusion or legal disputes. You will then need to draft a new will designating new beneficiaries, executors, and guardians.

Consult an LPEP Attorney

Estate laws can be complex, especially immediately following your divorce. Our attorneys at Lonich Patton Ehrlich Policastri can assist you with both your divorce and revising your will.

Our lawyers have extensive expertise in handling all matters of family law and estate planning. We will thoroughly review all your documents and ensure they are correctly updated and legally sound.

Contact us for a free consultation by calling (408) 553-0801. You will have the peace of mind of knowing that your assets are distributed according to your wishes and that your loved ones are provided for.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Navigating High-Conflict Divorce: Strategies for Minimizing Stress and Resolving Disputes

July 5, 2024/in Family Law /by Gina Policastri

Divorce is never an easy process. In some cases, though, a divorce might become highly contentious due to disagreements about finances, child custody issues, infidelity, substance abuse, career choices, etc. Navigating a high-conflict divorce comes with different challenges, but the strategies outlined below can help minimize the stress on you and your family as you work toward resolving disputes with your former spouse.

Clear Communication is Key

Even if you are the injured party, do your best to communicate in a civil and respectful way, especially in writing. While you cannot control the actions of your former partner, you can be careful about how you present yourself. Establish healthy boundaries to protect your emotions, agreeing to discuss pertinent issues only and letting your ex-partner know what topics are completely off-limits. If your former spouse makes communication extremely difficult, consider working through a mediator or other third party.

Stay Organized

Keeping track of all written communication, dates, agreements, co-parenting schedules, and court documents is essential to reducing the stress in a high-conflict divorce situation. If disputes come up, especially during court proceedings, you will have documentation to support your position.

Be Flexible

While you may be completely in the right, and it is important to advocate for your rights, remember that some compromise will likely be necessary to resolve issues. Coming to a divorce agreement that is satisfactory to both sides regarding child support, custody, and visitation; spousal support; and division of the marital estate almost always requires some negotiation, unless there is a prenuptial agreement in place.

Focus on the Positive

During your divorce, you and your family are likely experiencing a wide range of emotions and stress levels. To the best of your ability, try to focus on the positive, recognizing that this time is just a small chapter in your life and brighter days are ahead. If children are involved, give them something to look forward to like a trip to the beach or a visit to see grandparents. Engage in some self-care as well, maybe scheduling yourself a massage or spending time with friends, relaxing and enjoying leisure activities to de-stress.

Build a Support System

Now more than ever, you need the support of friends and family and maybe even a therapist or counselor as well. You might even seek out a support group online or at a local place of worship. Don’t be afraid to ask for emotional and mental support. Having outside perspectives and encouragement can be very helpful.

Seek Guidance From Professionals

It’s never a bad idea to consult with professionals who have experience resolving high-conflict divorces. The Family Law Group at Lonich Patton Ehrlich Policastri has been helping clients navigate complex divorce cases for decades. Our team can help you make informed decisions and resolve disputes with your former spouse either through mediation and collaborative divorce, or in court. Call us today at (408) 553-0801 to schedule a free, 30-minute consultation to go over the details of your case. Let our team work to protect your rights and your family’s future.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

July 2024 LPEP Spotlight: Breanna Hilliard

July 1, 2024/in 2024, Spotlight /by Lonich Patton Ehrlich Policastri

How Can I Legally Break the Relationship With a Parent?

Emancipation of a Minor

Adoption

Termination of Parental Rights

Legal Estrangement

Get the Help You Need Today

Charitable Giving Through Estate Planning: Leaving a Legacy of Philanthropy

Charitable Trusts

Outright Gifts

Donor-Advised Funds

Ready to Get Started?

Divorce and Estate Planning: Revising Your Will After a Marital Split

How Is Your Will Impacted by Your Divorce?

Your Divorce’s Impact on Other Estate Planning Documents

Considerations for Divorced Parents When Revising Their Will

How Do California’s Community Property Laws Impact Your Will?

Another’s Divorce May Also Impact Your Will

Revising Your Will After Your Divorce

Consult an LPEP Attorney

Navigating High-Conflict Divorce: Strategies for Minimizing Stress and Resolving Disputes

Clear Communication is Key

Stay Organized

Be Flexible

Focus on the Positive

Build a Support System

Seek Guidance From Professionals

July 2024 LPEP Spotlight: Breanna Hilliard

Free 30-Minute Family Law or Estate Planning Consultation

Contact Us