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LONICH PATTON EHRLICH POLICASTRI
1871 The Alameda, Suite 400, San Jose, CA 95126
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. For a full listing of areas where we practice, please click here.
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The Role of Artificial Intelligence in Family Law Mediation
/in Family Law /by Gina PolicastriArtificial intelligence (AI) is changing the way many professionals work, and family law mediation is no exception. AI tools can help mediators and lawyers organize information, summarize documents, identify issues, and prepare for negotiations.
However, family law mediation often involves highly personal issues (e.g., parenting, finances, separation, the best interests of children) that need the human perspective. So, AI in family law mediation must be used carefully and should not replace human judgment, empathy, confidentiality, or decision-making.
As AI becomes more common in alternative dispute resolution, both mediators and participants should understand what AI can and cannot do.
What is AI Used For in Family Law Mediation?
Generally speaking, AI tools can assist with tasks before, during, or after a mediation. Depending on the technology, AI may best be used to:
AI does not have the authority to make decisions for the people involved in a family law dispute. The parties involved should ultimately decide whether to settle and what terms are acceptable.
What Are the Risks of Using AI in Family Law Mediation?
AI can offer useful efficiencies, but its use also creates significant risks. The State Bar of California has issued practical guidance addressing lawyers’ ethical obligations when using generative AI, including duties relating to confidentiality, competence, supervision, communication, and candor.
Confidentiality and Privacy
Family law matters frequently involve highly sensitive information about finances, children, relationships, health, employment, and personal circumstances. For California attorneys, using an AI system with confidential client information can implicate professional duties of confidentiality as well as privacy and security concerns.
Attorneys and mediators should understand how an AI platform stores, processes, uses, and protects information before entering confidential mediation materials into it. California attorneys should not input confidential client information into a generative AI system that lacks adequate confidentiality and security protections.
AI Errors and “Hallucinations”
Generative AI can produce information that sounds convincing but is incorrect. These errors are often referred to as AI “hallucinations.”
In a family law matter, an inaccurate statement about legislation, support, property rights, or parenting law could have serious consequences. For this reason, mediators and involved parties should never automatically assume AI-generated legal information is accurate.
Bias
AI systems can reflect biases contained in their training data or created during the design and implementation of the system. Bias can be particularly concerning in family law because disputes often involve complex questions about:
The American Bar Association has warned that AI can reproduce bias and discrimination. Some alternative dispute resolution professionals have raised similar concerns about AI introducing new power imbalances into mediation.
Loss of Human Judgment
Family law mediation is not simply a mathematical exercise, suitable for an algorithm. Two families with similar financial circumstances may require very different solutions taking into account:
An AI system may identify a logical solution without understanding human factors making the solution inappropriate for a particular family.
Overreliance on Technology
AI should be a tool rather than the decisionmaker. If mediators, lawyers, or parties become overly dependent on AI-generated recommendations, they may overlook important information. In other cases, they may accept a proposed solution without adequately questioning it.
Get Family Law Mediation You Can Trust
At Lonich Patton Ehrlich Policastri (LPEP), we are well aware of both the advantages and pitfalls of using AI tools. When AI tools are used in legal work, appropriate safeguards include:
Family law mediation helps you reduce conflict, save time and money, protect your privacy, and retain control over important decisions. Schedule a free, no-obligation consultation with LPEP to discuss your options today.
FAQs
Q: Can AI replace a family law mediator?
A: No. AI should not be viewed as a replacement for a human family law mediator. Mediation requires human judgment, communication, empathy, and the ability to recognize complex interpersonal dynamics. AI may assist with certain tasks, but the parties should retain control over their decisions.
Q: How can AI help with family law mediation?
A: AI can potentially help:
All AI-generated information should be appropriately reviewed.
Q: Is it safe to put family law documents into an AI tool?
A: Not necessarily. Family law documents can contain highly sensitive personal and financial information. Before including confidential information, users and professionals should understand how the AI platform collects, stores, processes, and protects that information.
Q: Can AI provide legal advice during mediation?
A: AI may provide general legal information, but it should not automatically be relied upon as individualized legal advice. Family law rules can vary by jurisdiction and depend heavily on the specific circumstances of a case. A qualified family lawyer can provide advice based on the individual’s situation.
Q: Should a mediator tell the parties if AI is being used?
A: Transparency is an important consideration. For California attorneys, whether disclosure or client consent is appropriate or required depends on the circumstances, including the nature of the AI use, applicable professional duties, confidentiality considerations, and the technology being used.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Updating Your Estate Plan: When and Why You Should Review It
/in Estate Planning /by Michael LonichCreating an estate plan is an important step toward protecting your family, your assets, and your wishes if you become incapacitated or pass away. But just because you’ve signed all the documents doesn’t mean you can put your estate plan in a safe place and forget about it until it’s needed.
Think of your estate plan as a living, breathing plan—not a one-time document. As your family, relationships, finances, and goals change, your estate plan should change right along with them. An estate plan reflects your life at a certain point in time, and even though it made sense years ago, it may no longer reflect your wishes.
A regular review of your estate plan helps ensure that your will, trust, beneficiary designations, powers of attorney, and health care documents continue to work together as intended.
How Often Should You Review Your Estate Plan
As a general rule, you should review your estate plan every three to five years. However, if you experience any major life changes or events, you may not want to wait that long. Some circumstances require an immediate review.
Even if nothing changes in your life, reviewing your plan periodically can help to identify any outdated information. Your named executor, trustee, beneficiary, power of attorney, or healthcare agent may no longer be the person you want making important decisions for you, your family, or your property.
When Should You Update Your Estate Plan?
Certain life events are strong reasons to update your estate plan, such as:
1. Marriage or Divorce
Getting married often changes your priorities. You may want to provide for your spouse, revise your beneficiary designations, or change who you want to manage your assets if you become incapacitated.
Divorce is equally important. Depending on your circumstances and the documents involved, you may need to update your will, beneficiaries, powers of attorney, and other provisions. If a divorce or legal separation is pending, however, California law may restrict certain beneficiary changes, nonprobate transfers, and property transfers, so it is important to consult counsel before making changes.
If you remarry, it’s especially important that you review your estate plan carefully. Blended families often require different strategies to ensure provisions for both their new spouse, children from a previous relationship, and other family members.
2. Birth or Adoption of a Child
The arrival of a child is cause for both a celebration and updating your estate plan. New parents may need to name a guardian for minor children in the event they both pass away or become incapacitated. You will also want to review how your children will inherit your assets and whether your current trust provisions still make sense.
3. Death or Incapacity of a Beneficiary or Fiduciary
The people you named to important roles in your estate plan may not always be willing or able to serve.
For example, the person you named as executor may have passed away, moved, become ill, or no longer be someone you trust to carry out their responsibilities. The same goes for people named as trustees, powers of attorney, or healthcare agents.
If someone named in your estate plan can no longer serve, it’s essential to update your plan to prevent confusion when your family needs them.
4. Significant Changes in Your Assets
Buying or selling a home, starting a business, or receiving an inheritance justifies an estate plan review.
If your estate has grown substantially since you created your plan, you may need to reconsider your strategy to ensure it’s still tax-efficient.
5. Changes in State and Federal Laws
Tax laws, probate laws, and court procedures change regularly and may require a review of your estate plan. For example, for qualifying deaths beginning April 1, 2025, California expanded a simplified court procedure for transferring certain real property that was the decedent’s primary residence, subject to statutory requirements and a $750,000 gross-value limit for deaths through March 31, 2028.
Keeping Your Estate Plan Up to Date
Your estate plan should change as your life changes. If you have experienced a major life event or it has been several years since you reviewed your documents, now may be a good time to take another look.
Our attorneys at Lonich Patton Ehrlich Policastri can review your current plan, identify outdated provisions, and help ensure your will, trust, beneficiary designations, powers of attorney, and other documents reflect your current wishes.
Contact us at 408-553-0801 to schedule your free consultation and take the next step toward protecting your loved ones and your assets.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Emergency Custody During Natural Disaster: What Parents Should Know
/in Family Law /by Gretchen BogerWildfires, earthquakes, floods, and other natural disaster can create sudden and dangerous situations for families. They can make homes unsafe, cause roads to close, and shut down schools, and families may need to evacuate with little warning.
For parents who share custody, a natural disaster can create another problem: What happens if the existing custody order is no longer practical or safe to follow?
Parents may need to request a temporary emergency custody order when a disaster creates an immediate danger and an urgent change in the child’s living arrangements becomes necessary.
Understanding your rights during an emergency can help you make decisions that protect your child while avoiding a custody dispute.
Can a Natural Disaster Change a Custody Order?
A natural disaster does not automatically change an existing custody order. If the court order says when a child should be with each parent, that order generally remains in effect until the parents reach an agreement or the court modifies it.
However, a disaster can create circumstances in which following the custody order becomes impossible or places the child in danger.
If the parents can’t agree on where the child should stay, and the situation requires immediate court intervention, an emergency custody request may be an option.
When Can You Request Emergency Custody?
Under California Family Code section 3064, a court generally may not grant or modify custody on an ex parte basis unless there is a showing of immediate harm to the child or an immediate risk that the child will be removed from California.
For example, a wildfire may make a child’s current home unsafe. If the parent living there refuses to evacuate or attempts to return to unsafe conditions with the child, the other parent may have grounds to seek ex parte relief if the facts satisfy California’s immediate-harm standard.
A parent seeking emergency custody should gather detailed documentation of the disaster’s impact, including dates, events, and safety concerns, and why immediate court intervention is necessary.
What Should Parents Do During a Natural Disaster?
When a natural disaster affects a custody arrangement, parents should focus on three priorities:
1. Safety
Follow evacuation orders and other directives from emergency personnel. A custody dispute should not prevent a child from being moved from an unsafe area. An emergency evacuation for the child’s safety, however, does not by itself legally modify the custody order.
2. Communicate
Inform the other parent about what is going on whenever it is safe and possible to do so. Let them know the child’s location and immediate needs.
3. Document
Keep a record of significant changes to the child’s living arrangements and the reasons for those changes.
Talk to an Attorney at LPEP Law About Emergency Custody
Natural disasters can force parents to make hard decisions with very little notice. A wildfire evacuation, earthquake, flood, or other emergency can disrupt a child’s normal routine and make an existing custody schedule difficult or impossible to follow.
If you are dealing with a natural disaster that has created an urgent custody issue, one of our family law attorneys at LPEP Law can review your existing custody order, help you understand your options, and determine whether requesting temporary emergency custody may be appropriate for your situation.
During a natural disaster, your child’s safety is your top priority. Contact us at 408-553-0801 and learn how we can protect your child’s best interests.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Legal Considerations for Non-Traditional Families in Estate Planning
/in Estate Planning /by Mitchell EhrlichFamilies do not all look the same, and nontraditional family estate planning should reflect that reality. For unmarried couples, blended families, domestic partners, LGBTQ+ families, and families with children from previous relationships, relying on California’s default inheritance rules can create unintended consequences.
For families in the Bay Area, thoughtful estate planning can help ensure that the people you consider family are legally protected and that your wishes are carried out.
Unmarried Couples Need to Plan Proactively
Marriage provides certain legal protections automatically. Unmarried partners who are not registered domestic partners generally do not receive the same automatic inheritance rights under California’s intestacy laws as spouses and registered domestic partners. If one partner dies without an estate plan, assets may pass to relatives rather than the surviving partner, regardless of how long the couple has been together.
A comprehensive plan can address these gaps through documents such as a revocable living trust, will, financial power of attorney, and advance health care directive. Beneficiary designations on retirement accounts and life insurance policies should also be reviewed to make sure they align with the overall plan.
For unmarried couples who own a Bay Area home or other substantial property together, additional planning may be particularly important. A cohabitation agreement can also help establish expectations regarding property ownership and financial responsibilities.
Blended Families Require Clear Instructions
Blended families can present unique estate planning challenges. You may want to provide for your current spouse or partner while also ensuring that children from a previous relationship ultimately receive an inheritance.
Without clear instructions, those goals can conflict. For example, leaving assets outright to a surviving spouse may give that person complete control over how those assets are eventually distributed. A properly structured trust can provide for a surviving spouse or partner during their lifetime while preserving assets for children or other beneficiaries.
Parents should also consider who should manage assets for minor children and how an inheritance should be distributed as children reach adulthood.
Domestic Partners and LGBTQ+ Families
California law provides significant protections for registered domestic partners, but estate planning should still be tailored to the family’s circumstances. Families should review their legal documents regularly, particularly after marriage, domestic partnership registration, divorce, the birth or adoption of a child, or a major change in assets.
Estate planning can be particularly important when a client’s intended family relationships do not correspond to legal relationships that carry automatic inheritance or decision-making rights. Carefully drafted documents can identify intended beneficiaries, fiduciaries, and health care decision-makers rather than leaving those questions to default rules.
Your Estate Plan Should Reflect Your Family
There is no single definition of a “traditional” family, and there should not be a one-size-fits-all estate plan. Whether your family includes an unmarried partner, stepchildren, domestic partners, adopted children, or other loved ones, your estate plan should clearly explain who you want to protect and how.
At LPEP Law, our estate planning practice provides services involving estate planning, trusts, probate, and estate and trust administration. If you live in the Bay Area and your family structure does not fit the traditional model, working with an experienced estate planning attorney can help you create a plan designed around your actual relationships, assets, and wishes.
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.
Marital Debt in 2026: Who’s Responsible for Buy Now, Pay Later Loans?
/in Family Law /by Gina PolicastriBuy Now, Pay Later (BNPL) services have become a popular way to finance everything from electronics and furniture to groceries and travel. While spreading payments over time may seem convenient, these loans can create unexpected complications if a marriage ends in divorce.
If you and your spouse used Buy Now, Pay Later financing during your marriage, you may be wondering who is responsible for repaying those balances. In California, the answer depends on several factors, including when the debt was incurred, how the funds were used, and the terms of your divorce.
Are Buy Now, Pay Later Loans Considered Marital Debt?
In many cases, yes.
California is a community property state, which generally means that debts incurred by either spouse during the marriage are presumed to be community obligations. That presumption can apply whether the debt came from a traditional credit card, a personal loan, or a Buy Now, Pay Later provider.
For example, if one spouse financed a new family appliance, children’s clothing, or household furniture through a BNPL plan during the marriage, that debt may be considered part of the marital estate, even if only one spouse opened the account.
Does It Matter What the Money Was Used For?
Absolutely.
Courts often look at whether the purchases benefited the marriage or were primarily for one spouse’s separate use. A Buy Now, Pay Later loan used for shared household expenses may be treated differently than financing for luxury items purchased after separation or for an unrelated personal expense.
The timing of the purchase can also make a difference. Debts incurred after spouses separate are often treated differently than debts accumulated while the marriage was intact.
Your Divorce Agreement Doesn’t Always Bind the Lender
Even if a divorce judgment states that one spouse is responsible for paying a particular Buy Now, Pay Later account, the lender is not required to remove the other spouse from the contract.
If both spouses signed the financing agreement or are otherwise legally obligated on the account, the lender may still seek payment from either borrower if the balance goes unpaid. In that situation, the spouse who pays the debt may have legal remedies under the divorce judgment, but resolving the issue can take additional time and expense.
Protect Yourself During the Divorce Process
As Buy Now, Pay Later financing becomes more common, it’s important to identify these accounts early in the divorce process. They can easily be overlooked because they may not appear alongside traditional credit card statements.
Working with your attorney to identify all outstanding debts, determine whether they are community or separate obligations, and negotiate a fair allocation can help reduce the risk of future disputes.
If you’re navigating a divorce and have questions about Buy Now, Pay Later loans or other marital debts, the family law attorneys at Lonich Patton Ehrlich Policastri can help. We’ll review your financial situation, explain how California law may apply to your circumstances, and work to protect your interests throughout the divorce process.
Contact our San Jose office today to schedule a free consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.