May 2025 - Lonich Patton Ehrlich Policastri

Elderly Parents and Estate Planning: Navigating Complex Family Dynamics

May 28, 2025/in Estate Planning /by Michael Lonich

Estate planning can be an emotional topic, especially when elderly parents are involved. But taking the time to talk through your loved ones’ wishes, prepare legal documents, and establish a clear plan can help avoid unnecessary stress, conflict, and legal headaches down the line. Here’s a guide to help you understand what to expect when it comes to these important conversations.

Why Does Estate Planning Matter More with Age?

As parents get older, decisions about their health, finances, and assets become increasingly urgent. Without a will or trust in place, the state of California determines how property is divided—and that might not reflect your family’s true intentions.

Estate planning isn’t just about who gets what. It’s also about:

Designating someone to make medical or financial decisions (through powers of attorney)
Planning for long-term care
Reducing potential estate taxes
Preventing future disputes among siblings or relatives

Family Tensions Are Common, But Avoidable

In many families, different personalities and perspectives can lead to tension. Maybe one child lives closer and feels more involved, while another lives farther away but wants an equal say. Add in stepchildren, second marriages, or unresolved childhood issues, and things can get complicated quickly.

It’s important to remember that estate planning is not just a legal issue – it’s a family one.

Open, honest communication is key. Parents should have clear discussions with their adult children, ideally with the help of a trusted attorney or financial planner. Having a neutral third party can reduce misunderstandings and help everyone stay focused on what matters most: honoring your parents’ wishes and protecting their legacy.

Tips for Navigating Difficult Conversations

Talking about death or declining health is never easy, but there are ways to make the process smoother:

Start early: Don’t wait for a crisis or a health scare. Early planning gives everyone time to think clearly and make informed decisions, before emotions run high.
Focus on their wishes: Keep the focus on what your parents want, not what family members think should happen. This helps minimize conflict and ensures the plan truly reflects your parents’ values.
Put it in writing: Once everyone understands the plan, make it official. A legally sound will or trust, created with the help of an experienced California estate planning attorney, is your best safeguard against future disputes.

How Lonich Patton Ehrlich Policastri Can Help

At the end of the day, estate planning is an act of love. It brings peace of mind to elderly parents—and provides clarity and comfort to the family members they leave behind.

Navigating these issues on your own can be a burden, and may not result in the best outcomes for you and your parents. At LPEP, our skilled family law attorneys can guide your parents through the process, help create a customized estate plan, and ensure it’s legally binding under California law. They can also serve as mediators if family disagreements arise.

Don’t leave anything to chance – ensure your family’s wishes are legally documented with LPEP’s estate planning services.

Schedule your free consultation today.

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

The Effect of Rising Inflation on Alimony and Child Support Calculations

May 21, 2025/in Family Law /by Gretchen Boger

The last half decade has been marked by unprecedented events, including a global pandemic followed by the highest rate of inflation seen in 40 years. We are starting to see some prices decrease as inflation cools, but we still haven’t reached pre-pandemic levels. It’s likely we never will, as the cost of goods is affected by other forces.

Rising costs are felt everywhere. Alimony and child support payments that once seemed reasonable may now feel inadequate. How does inflation impact alimony and child support calculations? Do payments automatically increase, or does one of the parties need to request a modification in payment amounts?

The Cost of Living

The cost of raising a child has substantially increased over the past few years. In 2019, it cost an estimated $233,610 to raise a child from birth to age 18, not including college expenses. In 2025, that estimate increased by over 60% to $375,000.

Families are seeing higher prices in more places than the grocery store. The price of housing, utilities, child care, healthcare, clothing, extracurricular activities, and private school tuition have risen dramatically.

Inflation erodes the purchasing power of alimony and child support payments. When payments aren’t keeping up with rising costs, families risk falling below the poverty line, the very thing those payments are meant to prevent.

California’s Guidelines on Alimony and Child Support

California’s courts oversee spousal support, also known as alimony, and child support as outlined in the California Family Code. Alimony provides support to a spouse after a divorce or separation so both parties can maintain a standard of living close to the one they had during the marriage. It’s not uncommon for one spouse to experience financial hardship after a divorce, and alimony aims to address that imbalance.

Child support ensures that both parents are contributing financially to their children’s upbringing after the divorce. If the child resides primarily with one parent, the other parent may be expected to pay more towards their support.

However, neither alimony nor child support payments adjust automatically to keep up with increases in the cost-of-living unless the judge includes a cost-of-living adjustment (COLA) clause in the court orders. COLAs will automatically increase the payments to keep pace with inflation.

Modification Requests

California courts allow requests for modification of alimony and child support payments. Requesting a modification requires proof of a significant change in circumstances. Typically, modification requests are associated with changes in income, the needs of the child, or parenting time.

Rising inflation can also qualify as a significant change. If the alimony or child support orders don’t have a COLA clause, either party can petition the court and request a modification hearing.

LPEP Law Can Help

Inflation affects everyone, but when alimony and child support payments aren’t keeping up with rising costs, it can cause financial insecurity. Fortunately, there are legal options available. Our attorneys at Lonich Patton Ehrlich Policastri can help you petition the court for modification. We will guide you through the process and ensure you have the necessary documentation to support your request. With our assistance, your request for payment modification is more likely to be successful.

Contact us at (408) 553-0801 to schedule a free consultation.

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

Navigating the Legalities of Online Estate Planning: The Rise of Digital Wills

May 14, 2025/in Estate Planning /by Michael Lonich

Estate planning used to be about deciding who got the house and inheritance money, choosing a guardian for our children, and making sure our final wishes were respected. As more of our business, our assets, and our lives moves online, however, it’s changing the way we have to think about estate planning. Digital wills and online estate planning have grown in importance over the past several years, so we’ve put together the guide below to help you better navigate this new reality.

What is a Digital Will?

Like a traditional will, a digital will is a legal document outlining how you would like your assets managed after your death. Unlike a traditional will, however, a digital will deals solely with your digital assets or estate and your online presence. You might choose to have your executor close and archive these accounts, transfer information to family members or others, preserve certain files, create a legacy account or website, or delete information.

Who Needs a Digital Will?

The short answer is that anyone who has digital assets, maintains an online presence through social media accounts, or conducts business online should have a digital will. Digital assets include cryptocurrency and nonfungible tokens, but can also include things in digital form that have value like books, photographs, animations, videos, email accounts, logos, gaming accounts, etc.

What To Include in a Digital Will

Being as thorough as possible when you identify digital assets and accounts that need to be managed after your death is essential. Consider including the following:

Appoint a Digital Executor

Choose someone you trust to handle your digital assets. They should be familiar with your online presence and also have access to passwords and login information.

Inventory of Digital Assets

List all your online accounts (email, social media, financial services like PayPal, gaming, subscription services, etc.) along with login information. Investing in software that serves as a password manager that safely stores all of this information might be a good idea. If you have cloud storage services for videos, documents, or photos, include this information as well. For cryptocurrency or digital wallets, include instructions for accessing these accounts.

Instructions for Digital Property and Online Presence

What do you want to happen to your personal media like photos and videos, websites, blogs, digital content, domain names or logos, or online businesses? Should some media be deleted or transferred? If you sell goods online (e.g., Etsy, Amazon) note how you want your business to be handled.

For your social media accounts, you can have them deleted, memorialized, or actively managed by a designated executor. Email accounts can be archived, deleted, or transferred to someone else. If you have other messaging platforms like WhatsApp, be sure to indicate what you want to happen with these accounts as well.

Get Help With Your Digital Will

It’s always a good idea to consult with an estate planning attorney to make sure your digital will complies with state laws. In addition, some online services specifically include terms of service that address what happens to accounts after death, so be sure to consider those as well.

Schedule a free consultation with the Estate Planning Group at Lonich Patton Ehrlich Policastri to go over all your estate planning needs, including drafting your digital will.

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

Remote Work and Parenting Plans: How Virtual Employment is Changing Custody Agreements

May 7, 2025/in Family Law /by Gina Policastri

The shift to remote work has changed many aspects of daily life, including child custody agreements. For divorced or separated parents, virtual employment provides new opportunities for flexible parenting plans, but also introduces unique challenges. Let’s take a look at how custody agreements have changed in the era of remote and hybrid work.

Increased Flexibility for Parenting Time

One of the biggest advantages of remote work is flexibility. Parents who work from home often have more control over their schedules, allowing them to be more involved in their child’s daily routine. This can mean:

More opportunities for shared custody or equal parenting time
Easier adjustments to schedules when children are sick or have school events
The ability to care for younger children without relying on daycare

For some families, this flexibility allows for co-parenting arrangements that would not have been possible with a traditional in-office job.

Modifying Existing Custody Agreements Due to Remote Work

If one or both parents now work remotely, they may need to modify their custody agreement to reflect this change. Some factors that courts consider when modifying agreements include:

Whether a parent’s work-from-home schedule allows them to provide proper supervision
The stability and consistency of the child’s routine
The ability of both parents to communicate and collaborate effectively

California courts prioritize the best interests of the child when reviewing custody modifications. If remote work enables a parent to take on more parenting responsibilities, they may have a stronger case for increased custody time.

Challenges of Remote Work and Co-Parenting

While remote work can offer flexibility, it also presents challenges for co-parenting.

Disruptions During Work Hours

Working from home does not always mean a parent is available to care for their child. Video meetings, deadlines, and work commitments can make it difficult to balance parenting duties. If one parent argues that the other is not able to provide full supervision during work hours, this could lead to disputes over custody arrangements.

Relocation and Virtual Visitation in Custody Agreements

Remote work allows some parents to move to new cities or states while keeping their jobs. If a parent wants to relocate, the custody agreement may need to be revised to account for:

Long-distance parenting schedules
Virtual visitation arrangements using video calls
Travel costs and responsibilities for in-person visits

California law requires parents to seek court approval for major relocations that impact custody arrangements. The court will consider whether the move is in the best interest of the child and how it affects the co-parenting relationship.

Contact Us for Legal Guidance on Custody Modifications

If you are a parent navigating custody changes due to remote work, our family law attorneys can help. An LPEP lawyer can:

Assess whether your custody agreement needs modification
Help negotiate a fair parenting plan
Represent you in court if necessary

As remote work continues to shape family life, we understand that custody agreements must adapt to meet the needs of both parents and children. If you have questions about custody modifications or need to make changes to your current arrangement, contact LPEP to schedule a free consultation with one of our family law experts.