July 2025 - Lonich Patton Ehrlich Policastri

Understanding Intestate Succession: What Happens When You Die Without a Will

July 24, 2025/in Estate Planning /by Michael Lonich

The best way to ensure that your wishes are carried out after your death is to draft a will. However, many people put off writing a will and estate planning, especially if they are young and healthy or don’t have many assets. So, what happens if you die without a will?

When someone dies without a valid will in place, also known as dying intestate, the courts in their state of residence will distribute their property and other assets. Although the specific intestate succession laws are similar in most states and usually prioritize close family relatives to be beneficiaries, the distribution amounts may vary.

The following is a general overview of how states might divide your inheritance, depending on your situation.

Spouse Only

If you were married but did not have any children, your spouse will most likely receive all your assets. Some states might require the spouse to share with your parents and siblings, however, which could lead to some family disputes.

Spouse and Children

For those who leave behind a spouse and children, most states will distribute your estate between them, depending on whether your children are minors or adults. In cases where you share all your children with your spouse (i.e., you do not have children from a previous relationship), your spouse would likely get a larger share of the inheritance, if not all of your estate.

Children Only

Your children (both biological and adopted) would most likely inherit your entire estate, distributed equally, if you do not have a spouse. Although this type of equal distribution might be fine, there could be cases where you might prefer a more equitable distribution among your children, especially if you have a special needs child or a child who would benefit from more financial help. Making a will is the only way to guarantee your estate is distributed the way you want.

No Spouse and No Children

In the absence of a spouse or children, the courts will seek out your closest relatives. Generally, the order of distribution would go:

Parents
Siblings
Nieces and nephews
Grandparents
Aunts, uncles, and cousins

No Living Relatives

Without any near or distant living relatives, the state would probably take ownership of your assets. Even if you have a romantic partner who you are not married to, stepchildren from a previous relationship, close friends, or charities you support, none of these are eligible to inherit, based on intestate succession laws.

Get Help With Your Will Today

If you’ve been putting off writing your will but want to make sure your wishes are known when it comes to the distribution of your estate, set up a free consultation with the Estate Planning Group at Lonich Patton Ehrlich Policastri. We have years of experience in helping our clients consider all the ins and outs of writing a will, including tax considerations, setting up trusts, choosing guardians for minor children, and more. Having everything in place before you need it will simplify the process for your loved ones and ensure you can provide for them as you see fit. Don’t wait. Get help with your will today.

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

Guardianship Considerations in Estate Planning: Choosing the Right Caregivers for Minor Children

July 16, 2025/in Family Law /by Gretchen Boger

When it comes to estate planning, many people think of wills, trusts, and dividing up assets. But for parents of minor children, one of the most important decisions to make is choosing a legal guardian. If something unexpected happens to you, who will step in to raise and care for your children?

At LPEP, we understand that this question isn’t easy. But making a thoughtful plan now helps protect your children’s future and gives you peace of mind. Here’s what you need to know about guardianship considerations in estate planning.

What Is a Guardian?

A guardian is the person legally appointed to care for your minor child if both parents pass away or are otherwise unable to care for them. This includes making day-to-day decisions, providing a home, and ensuring the child’s physical, emotional, and educational needs are met.

In California, you can name a guardian for your child in your will. If you don’t make a plan, a judge will decide who takes on that responsibility, and it might not be the person you would have chosen.

What to Consider When Choosing a Guardian

It’s a big decision to make, but here are a few key things to think about:

Shared values: Does the person share your values, parenting style, and views on education, discipline, and religion? You want your children to be raised in a way that aligns with your beliefs.
Stability: Consider the guardian’s age, health, and overall lifestyle. Will they be emotionally and physically able to raise your children for years to come?
Location: Will your child need to move far away, change schools, or adjust to a completely different environment? Sometimes staying close to friends, relatives, or their familiar community can help provide comfort.
Existing relationships: Does your child already have a close, trusting relationship with this person? That connection can make a difficult transition a bit easier.
Willingness: Always talk to the person you’re considering. Don’t assume they’ll be able or willing to take on the role, as it’s a big responsibility.

Naming a Backup Guardian for Minor Children

Life can be unpredictable, so it’s smart to name an alternate guardian just in case your first choice can’t step in. This ensures your children are protected no matter what.

Including Guardianship in Your Estate Plan

Once you’ve made your decision, it’s important to make it official. Work with an estate planning attorney to put your wishes in writing. This can be done as part of a will or a broader estate plan.

At LPEP, we specialize in helping California families create personalized estate plans that reflect their unique values and protect the people they love most. We’ll guide you through the process and help you make confident, informed choices.

Protect Your Child’s Future By Choosing a Legal Guardian

Choosing a guardian is never easy, but it’s one of the most loving things you can do for your children. By planning ahead, you take control of their future and give them the best chance for stability, care, and security, no matter what life brings.

Have questions about estate planning or guardianship in California? Schedule your free consultation with LPEP today – we’re here to help you protect what matters most.

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

Planning for the Future: How to Create a Comprehensive Will and Testament

July 9, 2025/in Estate Planning /by Michael Lonich

Although it’s not the most comfortable topic, it’s important to plan for the future even if you are young and in great health. Many people put off writing a will, but drafting a comprehensive will and testament is an important step in making sure your wishes are carried out if you die or become incapacitated. Without a will, important decisions such as who will care for your minor children or who receives your assets might be left in the hands of the court. So how do you create a comprehensive will and testament? Consider the following tips:

Choose an Executor

An executor will be responsible for making sure the terms set out in your will are carried out appropriately. Since they will be managing your financial affairs, choose someone trustworthy who is capable of handling your estate and is willing to accept this role. It’s probably a good idea to name an alternate executor as well in case your first choice falls through.

Make a Detailed List of Assets

Assets are things that you own that have value such as real estate, financial accounts (e.g., bank accounts, stocks and bonds, retirement funds), personal property (e.g., car, boat, jewelry, heirlooms, art), cash, and business assets. Don’t forget to account for your virtual and digital assets as well.

Designate Beneficiaries

How do you want your assets to be distributed? Be specific about the amount (or items) you want each individual, organization, or charity to receive. The more detail you can provide, the less chance for confusion and conflict.

Appoint a Guardian for Minor Children

For parents with minor children, one of the most important things to include is your choice of a guardian who will take care of them in your stead. Of course, you will choose someone you trust, but, if possible, try to find someone who has an existing (and good) relationship with your children. Make sure the person is willing and able to perform these duties in the long term.

Address Debts and Expenses

Your executor will use the assets in your estate to pay off any outstanding debts like mortgages, loans, credit card bills, medical bills, etc. However, it can be helpful to list your debts and expenses in the same way that you listed your assets to ensure that everything is covered and your beneficiaries will not be subject to creditors or legal action.

Sign Your Will Properly

Make sure you understand your state’s laws regarding wills. To be legally binding, your will needs to be signed by you and at least two disinterested adult witnesses (i.e., not beneficiaries). In some states, the witnesses must sign in your presence while other states accept a signed affidavit.

Consult with an Estate Planning Attorney

Although there is software available to help you write a will, it’s always a good idea to talk to a legal professional. They can help you consider tax implications as well as estate planning tools that might be best for your situation such as a special needs trust, a living will, healthcare directives, power of attorney, and more. Your estate planning attorney can also safely store your will for you and set up regular reviews and updates to account for major life changes like getting married or having a child.

Schedule a free consultation with the estate planning group at Lonich Patton Ehrlich Policastri to get started on planning your future today!

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

Navigating Co-Parenting Challenges: A Guide for Divorced Parents

July 3, 2025/in Family Law /by Gina Policastri

Divorce is often tough, but raising children together after divorce adds a whole new layer of complexity. Co-parenting isn’t always easy, but with the right mindset and a few practical tools, it can be successful. Whether you’re newly divorced or have been navigating this journey for a while, this guide is here to help you manage co-parenting challenges and focus on what matters most: your kids.

What Is Co-Parenting?

Co-parenting is when both parents remain actively involved in their child’s life after a separation or divorce. It means making joint decisions, attending school events, coordinating schedules, and staying in communication, preferably in a way that supports the child’s emotional well-being.

In California, family courts often encourage shared custody arrangements because studies show that children tend to do better when both parents are involved. That said, co-parenting successfully takes work.

Common Co-Parenting Challenges (And How to Handle Them)

Co-parenting comes with challenges, there’s no doubt about it. Here are some of the issues that many parents face when navigating this difficult situation.

1. Communication Breakdowns

This is probably the most common challenge divorced parents face. Misunderstandings and emotional tension can make it hard to have clear conversations.

Tip: Use neutral, respectful language. Stick to the topic at hand and avoid bringing up past relationship issues. If face-to-face conversations are difficult, consider using parenting apps to keep everything documented and civil.

2. Different Parenting Styles

One parent might be more strict, while the other is more laid-back. This can confuse kids and lead to tension between parents.

Tip: You don’t have to agree on everything, but aim for consistency on the important issues like bedtimes, homework rules, and screen time. Focus on your shared goals: raising happy, healthy, respectful kids.

3. Scheduling Conflicts

Between school, sports, family holidays, and custody agreements, scheduling can quickly get messy.

Tip: Keep a shared calendar and plan ahead, especially for holidays and vacations. Be flexible when you can – life happens, and showing grace can go a long way.

4. Emotional Stress

Even if you’re on good terms with your co-parent, emotions like guilt, anger, or sadness can creep in.

Tip: Take care of yourself, too. Therapy, support groups, or just talking with a friend can help you process your feelings. The more balanced you are emotionally, the better parent you can be.

When to Seek Legal Help for Co-Parenting Challenges

If you’re facing ongoing issues (like a parent not following the custody order, or constant conflict that affects your child), it may be time to revisit your parenting plan. In California, family law courts allow parents to request modifications when circumstances change.

At Lonich Patton Ehrlich Policastri, our experienced family law attorneys can help you understand your rights and options, and guide you through the legal process if needed.

Contact us today to schedule your free consultation.