Contact Us
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, and San Francisco. For a full listing of areas where we practice, please click here.
MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:
DISCLAIMER
This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy
Planning for the Future: How to Create a Comprehensive Will and Testament
/in Estate Planning /by Michael LonichAlthough 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
/in Family Law /by Gina PolicastriDivorce 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.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Why Is It So Important To Have a Medical Power of Attorney?
/in Estate Planning /by Michael LonichHumans prefer predictable situations and outcomes. Predictability means less stress and anxiety and an overall sense of control. It’s why some people read their horoscope, visit psychics, or have tarot readings. After all, if we know what will happen, we can be better prepared.
But life is unpredictable, and we can’t know the future. However, we can still be prepared. That is what a medical power of attorney provides.
What is a Medical Power of Attorney?
A Medical Power of Attorney (POA) is a legal document designating a trusted individual, known as an agent or healthcare proxy, to make healthcare decisions on your behalf if you are incapacitated.
Even with advanced healthcare directives, you still need a medical POA. Advance directives often outline your wishes for end-of-life care. It provides guidelines to your medical team regarding life-extending measures, such as no feeding tubes, Do Not Incubate (DNI), and Do Not Resuscitate (DNR).
A medical POA covers situations not covered by your advance directives. For example, if you are in an accident, they have the authority to make medical decisions for you regarding your care, such as what types of treatment you should and should not receive.
A Medical POA Provides Peace of Mind
There are several good reasons to have a medical POA, such as:
Key Components of a Medical Power of Attorney
To ensure your medical POA is legally binding and accurately reflects your wishes, it should include the following:
1. Scope of Authority
Your medical POA should clearly describe the decisions your healthcare proxy is authorized to make, such as medical treatments, procedures, and care plans. Their authority is limited to what is listed in the document and the law.
2. Activation
There should be a clause specifying when the medical POA becomes effective, which is typically when a healthcare professional deems you incapacitated.
3. Preferences
You should include instructions if you have specific medical preferences you want your healthcare proxy to follow, such as life-sustaining treatments.
4. Revocation
The document should include a statement affirming your right to revoke or amend the medical POA at any time, as long as you are mentally competent.
Your Medical POA is Part of a Comprehensive Estate Plan
Your estate plan is more than just deciding how to distribute your assets after you pass away. It also includes essential elements such as:
A comprehensive estate plan is about preparing for life’s unexpected events and reducing the emotional and financial burden on your family.
Our attorneys at Lonich Patton Ehrlich Policastri are experienced estate planners. We are ready to help you create a medical power of attorney and any other necessary estate planning documents. We understand that everyone’s needs are different, which is why any legal document we create for you reflects your values and protects what matters most to you.
Contact us at (408) 553-0801 to schedule your free consultation. You can’t predict the future, but you can be prepared for it.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What To Know About Financial Affidavits
/in Family Law /by Virginia LivelyFinancial affidavits play a significant role in a variety of legal proceedings, such as divorce, child custody, and financial support. It’s a legal document that provides an in-depth look at an individual’s income, expenses, assets, and liabilities.
Why are financial affidavits so crucial, what needs to be included, and how can you ensure yours is accurate?
Let’s get started.
When Do You Need a Financial Affidavit?
Divorce proceedings are one of the most common scenarios requiring a financial affidavit. California’s community property laws require marital assets to be divided equally while each party retains their separate assets they had at the start of the marriage.
Still, dividing the assets and determining each person’s financial responsibilities can be challenging. With a financial affidavit, the court is better able to assess each person’s financial position and make decisions regarding the division of assets and debts and spousal support.
The court can also ensure the child’s financial needs are met with support payments.
In addition to family law cases, financial affidavits may be required for large loans and mortgages so the lender can determine your ability to repay the loan. They can also be used to settle other legal matters, such as probate or the dissolution of a business partnership.
What Information Is Included in a Financial Affidavit?
California’s Income and Expense Declaration is very detailed and broken down into sections:
Income
In addition to your employer, education, and tax filing information, you must disclose all forms of income you receive, including wages (minus deductions), commissions, rental income, government assistance, and investments. You must also provide two months’ worth of paystubs and proof of other income.
Assets
This portion lists what you own, such as bank accounts, real estate, retirement investments, vehicles, and other assets you could easily sell minus the amount still owed.
Expenses
The form will ask you to list the people who live with you and if they are contributing financially to the household expenses. This section also wants details about your current financial obligations, like housing, utilities, and food. It also wants you to list your discretionary spending on entertainment and vacations.
Liabilities
Other financial obligations, such as car loans, student loans, and credit card payments, also need to be included so the court can have a comprehensive view of your financial situation.
The Importance of Transparency and Accuracy
Your financial affidavit is a legal document. Therefore, it’s vital that you present a truthful picture of your financial health. Avoid guessing at your numbers. Double-check and verify the information you entered and have your supporting documents ready.
If the court finds any discrepancies or omissions, it could harm your credibility, delay court proceedings, and result in legal consequences. Transparent and honest records pave the way for a fair resolution.
Let LPEP Law Help
Considering how crucial the financial affidavit is to your divorce proceedings, you don’t want to leave anything to chance. Our lawyers at Lonich Patton Ehrlich Policastri can work with you to ensure your affidavit is complete and gives an accurate, in-depth picture of your finances and supporting documentation. Doing it on your own can be stressful. By letting us handle the details, you can know that our experienced professionals are working to protect your interests.
Contact us at (408) 553-0801 for a free consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Estate Planning for LGBTQ+ Couples: Navigating Legal Considerations and Challenges
/in Estate Planning /by Michael LonichAnyone who has assets should have an estate plan. In some cases, estate planning for LGBTQ+ couples can be even more important to make sure that your wishes with regard to distribution of assets, guardianship of children, and healthcare and medical decisions are honored. Below, we’ll go over some specific legal considerations that LGBTQ+ couples should consider and unique challenges that you might face when it comes to estate planning.
Marital Status and Legal Rights
Although same-sex marriage is recognized legally at the national level, some states might not automatically recognize the rights of same-sex partners, especially when it comes to healthcare decisionmaking, inheritance rights, joint ownership of property, and tax benefits for spouses. In some places, LGBTQ+ couples are limited to civil unions or domestic partnerships. Although these statuses offer some protection and benefits, they might not be as robust as couples would like, so it’s vital to clearly document what you want using the legal documents discussed below.
Wills and Trusts
One of the first things to think about in estate planning is creating a will. List all of your assets and debts and how you would like everything to be distributed. For LGBTQ+ couples, a detailed will is especially important if you have children from a prior relationship, if you are unmarried, or if your family members do not accept your relationship. Clearly state who the beneficiaries are and what they should receive. Note that you should also designate your partner as your primary beneficiary on life insurance policies, retirement accounts, and other financial assets to ensure these benefits do not default to a biological family member.
You might also consider establishing a trust to help protect your assets and ensure that your partner is able to inherit directly without any legal issues or familial conflict. Trusts can also sometimes provide tax benefits and protect assets from creditors and the probate process.
Guardianship Provisions
For LGBTQ+ couples with children, it is important to establish legal parental rights, especially for the non-biological parent of stepchildren or for both parents if the children are adopted. This legal recognition means that both partners have custody and guardianship rights, which can protect against potential challenges from biological family members after the death of one of the partners. In addition, you can appoint a guardian for your minor children (including biological, adopted, and stepchildren) in your estate plan to clearly set out your wishes.
Healthcare Directives
Consider establishing a healthcare proxy or power of attorney for your partner. In some cases, without this provision, your partner might not be legally able to make necessary medical decisions for you if you become incapacitated. If you prefer, a living will can also specify your preferences for medical treatment if you become unable to communicate, which could become important if you are concerned that your family members might not recognize your partner’s role in your life.
Work with LGBTQ+ Estate Planning Experts
Clear, detailed, legally enforceable estate planning documents can help protect your partner and your family and minimize the risk of legal challenges from unsupportive family members. Given the unique challenges that LGBTQ+ couples might face, it’s a good idea to work with estate planning attorneys who are well-versed in these issues. The estate planning group at Lonich Patton Ehrlich Policastri can guide you through the estate planning process and help you navigate difficult and emotional decisions. Call us to schedule a free consultation today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.