May 2025 - Lonich Patton Ehrlich Policastri

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.

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

May 2025 LPEP Spotlight: Alexis Alamillo

May 1, 2025/in 2025, Spotlight /by Lonich Patton Ehrlich Policastri

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