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Estate Planning Pitfalls: Common Mistakes and How to Avoid Them

May 27, 2026/in Estate Planning /by Michael Lonich

Estate planning isn’t just for the ultra-wealthy; it’s for anyone who wants to protect their family, their assets, and their wishes. Yet many people put it off or make avoidable mistakes that can create stress, confusion, and unnecessary costs down the line. Here are some of the most common estate planning pitfalls and how to avoid them.

Waiting Too Long to Start Estate Planning

One of the biggest mistakes is simply not having a plan at all. Life is busy, and estate planning can feel like something to deal with “later.” But unexpected events don’t follow a timeline.

How to avoid it:

Start with the basics: a will, a durable power of attorney, and a healthcare directive. These foundational documents ensure your wishes are known and reduce uncertainty for your loved ones.

Relying Only on a Will

Many people assume a will is enough. While a will is essential, it doesn’t avoid probate, a legal process that can be time-consuming and costly in California.

How to avoid it:

Consider a revocable living trust. This allows your assets to pass to your beneficiaries without going through probate, saving time and maintaining privacy.

Not Updating Your Plan

Life changes, through marriages, divorces, new children, and new assets, but estate plans often stay frozen in time and can quickly become outdated or no longer aligned with your wishes. 

How to avoid it:

Review your estate plan every 3–5 years or after major life events. Keeping your documents current ensures they reflect your actual wishes and circumstances.

Forgetting to Fund Your Trust

Creating a trust is only half the job. If assets aren’t properly transferred into the trust, they may still end up in probate.

How to avoid it:

Work with your attorney to “fund” your trust by retitling assets like real estate, bank accounts, and investments. This step is critical and often overlooked.

Overlooking Beneficiary Designations

Retirement accounts, life insurance policies, and certain financial accounts pass directly to named beneficiaries, regardless of what your will or trust says.

How to avoid it:

Regularly review and update beneficiary designations to ensure they align with your overall estate plan.

Choosing the Wrong Trustee or Executor

Selecting someone to manage your estate is a significant decision. Choosing based solely on family dynamics rather than capability can lead to complications.

How to avoid it:

Pick someone responsible, organized, and capable of handling financial and legal matters. In some cases, a professional trustee may be a better fit.

Family meeting with advisor discussing Estate Planning Pitfalls and protecting assets for future generations.

Take the Next Step in Protecting Your Future

Estate planning doesn’t have to be overwhelming, but it does require thoughtful decisions and regular attention. By avoiding these common pitfalls, you can create a plan that protects your assets and provides peace of mind for you and your loved ones.

If you’re ready to put a plan in place or want to review an existing one, reach out to our experienced estate planning attorneys. A personalized strategy today can save your family time, stress, and unnecessary expense tomorrow.

Contact LPEP today to schedule your free consultation.

 

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

https://www.lpeplaw.com/wp-content/uploads/2026/05/bigstock-House-Signers-Signing-Signatur-368432092-1.jpg 601 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2026-05-27 09:53:142026-05-28 09:54:18Estate Planning Pitfalls: Common Mistakes and How to Avoid Them

Navigating Family Law Reforms: Quebec’s Proposal for a Unified Family Tribunal

May 20, 2026/in Family Law /by Gretchen Boger

At first glance, it may seem like Quebec’s Unified Family Tribunal (UFT) has no impact on family law in the United States. However, family law reform rarely stops at the border. The UFT offers a useful lens for attorneys, judges, and policymakers throughout the United States.

What Quebec’s Unified Family Tribunal Actually Does

Quebec created the UFT to centralize family-related matters into a single court. The Court of Quebec has exclusive jurisdiction over a wide range of family matters, including child custody, support, and parental authority. 

This one-stop family court model aims to:

  • Reduce delays 
  • Streamline procedures
  • Make family justice more accessible
  • Encourage mediation and early intervention

No Direct Affect on U.S. Family Law

Family law in the United States is governed by the states, not the federal government. Quebec is a Canadian province, and as such, its laws have no binding authority in U.S. courts. 

Furthermore, Quebec uses a mixed civil law system, while the U.S. is primarily common-law based. Most notably, however, Quebec’s UFT doesn’t include divorce jurisdiction, whereas U.S. family courts typically handle divorce alongside custody and support issues.

Where Influence Begins

It would be a mistake to completely dismiss the UFT as irrelevant. U.S. laws consistently evolve, and policymakers sometimes look to other countries for reform ideas. Many jurisdictions in this country have already experimented with the concept of “one family, one judge” systems. The UFT could reinforce interest in unified family courts in the U.S. and provide a real-world model for streamlining custody, support, and related disputes into one court to reduce conflicting orders and procedural inefficiencies.

In addition, Quebec’s emphasis on mandatory mediation (with safeguards for domestic violence cases) and early resolution may contribute to North American trends that are already moving away from adversarial family proceedings towards alternative dispute resolution.

The impact of the UFT is more tangible in international or interstate cases, such as:

  • Child custody disputes involving parents in both the U.S. and Canada
  • Enforcement of support orders across borders

In these areas, communication between courts may become more efficient due to centralized jurisdiction, simplifying the Canadian side of these disputes and making coordination easier.

However, the U.S. will continue to recognize established legal statutes, such as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and agreements, such as the Hague Convention on the Civil Aspects of International Child Abduction, for enforcement.

Family law book and gavel symbolizing Quebec's family tribunal reforms, child custody cases, and evolving family court systems.

Rely on LPEP Law for Family Court Matters

Quebec’s UFT won’t change how a court will decide a custody case tomorrow. But it may influence how U.S. systems evolve and serve as a comparative model for reform. Its focus on efficiency, centralization, and mediation can serve as a blueprint for family courts where clarity and reduced conflict matter greatly.

If you’re facing a family law issue, you don’t have to navigate it alone. Our experienced legal team at Lonich Patton Ehrlich Policastri not only provides strategic guidance tailored to your situation but also stays closely attuned to evolving legal trends and potential reforms that could impact your case.

Contact us at 408-553-0801 to schedule a free consultation and take the first step toward resolving your case, backed by attorneys who stay ahead of the curve.

 

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

 

https://www.lpeplaw.com/wp-content/uploads/2026/05/bigstock-Legal-Area-Children-Section-O-368979814.jpg 600 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2026-05-20 16:02:242026-05-20 16:03:04Navigating Family Law Reforms: Quebec's Proposal for a Unified Family Tribunal

Exploring the Role of Trusts in Estate Planning for Protecting Your Wealth and Legacy

May 14, 2026/in Estate Planning /by Michael Lonich

Estate planning involves a lot more than just drafting a will. It’s a comprehensive strategy to protect your assets, provide for your loved ones, and preserve your legacy. Trusts are one of the most effective estate planning tools to achieve these goals. 

What is a Trust?

A trust is a legal agreement where one party (the trustee) manages assets on behalf of a beneficiary. The person who creates the trust (the grantor) sets the terms for how they want the assets to be managed and distributed. 

Types of Trusts

Depending on your financial goals and estate planning needs, there are several different types of trusts to consider.

Revocable Living Trusts

With a revocable living trust, the grantor maintains control over the assets during their lifetime and can make changes as needed. Most commonly, revocable living trusts are used to manage assets, avoid probate, and plan for future incapacity. 

Irrevocable Trusts

Irrevocable trusts cannot be modified once established. Although this may seem restrictive, they tend to offer potential tax advantages as well as stronger asset protection from creditors.

Special Needs Trusts

For parents of children with special needs, the goal is to provide for their children without jeopardizing their eligibility for governmental benefits. Many public benefits require the recipient to have low income or few assets. Special needs trusts ensure that the individual with disabilities has access to the financial support they need without having assets in their own name.

Charitable Trusts

Individuals who want to support charitable causes can use charitable trusts to fulfill their philanthropic goals. Charitable trusts might also offer tax benefits to the grantor.

Key Benefits of Trusts

If you’re one of the 56 percent of Americans who has no estate planning documents, including a trust, it might be time to consider taking that step. Trusts offer several benefits, including:

Avoiding Probate Delays and Costs

Probate proceedings can be time-consuming, costly, and public. Assets held in a trust can typically be transferred directly to beneficiaries efficiently and privately.

Protecting Assets from Risk

Trusts can shield assets from creditors, lawsuits, and other financial risks. Some trusts can even protect beneficiaries against their own poor financial decisions. 

Maintaining Control Over Distribution

Unlike a simple will, trusts allow grantors to set specific conditions for asset distribution. For example, you might want to release funds at certain ages or for educational purposes only. This benefit is particularly useful if your beneficiaries are minors, have special needs, or require financial guidance. 

Tax Efficiency

When properly structured, certain types of trusts can reduce estate and gift tax liabilities. More of your wealth is ultimately preserved for future generations. Tax laws are complex and subject to change, so it’s important to work with estate planning attorneys.

Enhancing Privacy

Because trusts, unlike wills, do not generally go through the public probate process, they offer a certain level of confidentiality. For high-net-worth families seeking discretion, this can be an important consideration.

Hands protecting a piggy bank and paper family figures, representing trusts, estate planning, and protecting family wealth.

Is a Trust Right for You?

Estate planning is important for everyone, not just people with a lot of money. Blended families, parents with special needs children, business owners, and people who have specific wishes for how they want their assets distributed can benefit greatly from estate planning, including using trusts.

Establishing a trust requires careful legal and financial consideration. Working with experienced attorneys like the Estate Planning Group at Lonich Patton Ehrlich Policastri (LPEP Law) makes the process smooth and ensures your trust aligns with your goals and is legally compliant.

Schedule a free consultation with LPEP Law to get started. Careful planning today ensures your legacy is protected for years to come. 

 

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

https://www.lpeplaw.com/wp-content/uploads/2026/05/bigstock-Estate-Planning-Documents-Li-406019066.jpg 587 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2026-05-14 11:35:312026-05-14 11:36:40Exploring the Role of Trusts in Estate Planning for Protecting Your Wealth and Legacy

Preparing for Changes in Inheritance Tax Laws Affecting Pension Pots

May 6, 2026/in Family Law /by Virginia Lively

For many Bay Area families, retirement accounts make up a significant portion of overall wealth. What’s less obvious is how those pension pots (such as 401(k)s and IRAs) fit into your estate plan, especially as inheritance tax rules continue to evolve. Even small legal or regulatory changes can have a meaningful impact on how much your beneficiaries ultimately receive.

Understanding the basics now can help you stay ahead of potential changes and avoid costly surprises later.

Why Pension Pots Deserve Special Attention

Unlike many other assets, retirement accounts don’t pass through your estate in the same way. Instead, they are typically transferred directly to the beneficiaries you’ve named on the account. That makes them powerful estate planning tools, but also easy to overlook.

In recent years, changes to federal rules have already altered how inherited retirement accounts are treated. For example, many non-spouse beneficiaries must now withdraw funds within a set period, which can accelerate tax exposure. Future legislative updates could further shift how and when these assets are taxed.

The Risk of Outdated Planning

A common issue we see is well-intentioned but outdated beneficiary designations. You may have opened a retirement account years ago and haven’t revisited it since. Meanwhile, your broader estate plan may have evolved.

If your beneficiary designations don’t align with your current wishes or with tax-efficient strategies, your loved ones could face unnecessary complications or higher tax burdens.

How to stay on track:

Review your retirement account beneficiaries regularly, especially after major life events like marriage, divorce, or the birth of a child. Make sure these designations work in harmony with your overall estate plan.

Planning for Tax Efficiency

While California does not impose a state inheritance tax, federal tax rules still apply to inherited retirement accounts. Depending on the size of the account and the beneficiary’s tax bracket, withdrawals can significantly increase taxable income.

With potential changes to inheritance tax laws always on the horizon, flexibility is key. Work with an estate planning attorney to explore strategies such as:

  • Coordinating distributions across different asset types
  • Considering Roth conversions to reduce future tax liability
  • Structuring trusts carefully when naming them as beneficiaries

These approaches can help preserve more of your retirement savings for the next generation.

Don’t Overlook Trust Planning

Some individuals name a trust as the beneficiary of their retirement accounts to maintain control over how assets are distributed. While this can be effective, it must be done carefully to avoid unintended tax consequences.

Changes in the law have made trust planning for retirement accounts more complex than it used to be. If you’re considering a trust, ensure it is specifically designed to handle retirement assets under current rules. A generic or outdated trust may not provide the protections or tax benefits you expect.

Financial planning documents and calculator for managing pension pots and retirement estate planning.

Stay Proactive as Laws Evolve

Inheritance tax laws affecting pension pots are not static, and waiting to react can limit your options. A proactive approach, such as reviewing your accounts, updating your designations, and coordinating your overall estate plan, can make a substantial difference in the long-term outcome for your beneficiaries.

If you haven’t reviewed your retirement accounts as part of your estate plan recently, now is a good time. At Lonich Patton Ehrlich Policastri, our experienced estate lawyers can help you adapt to changing rules and ensure your plan reflects both your goals and the current legal landscape.

Contact us today to schedule your free consultation.

 

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

https://www.lpeplaw.com/wp-content/uploads/2026/05/bigstock-Retirement-3118840.jpg 600 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2026-05-06 07:39:502026-05-07 07:40:11Preparing for Changes in Inheritance Tax Laws Affecting Pension Pots

May 2026 LPEP Spotlight: Riley V. Pennington

May 3, 2026/in 2026, Spotlight /by Lonich Patton Ehrlich Policastri
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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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