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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, and San Francisco. For a full listing of areas where we practice, please click here.
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Blended Families and Estate Planning: Strategies for Harmony
/in Estate Planning /by Michael LonichBlended families, characterized by spouses bringing children from previous relationships into a new union, are increasingly common today. In fact, 40% of families in the United States are blended.
While these families often experience a wealth of love and a fresh start, they also face the unique challenges of this significant change in family dynamics. Estate planning is one area where balancing the financial needs and the emotional well-being of all family members can seem overwhelming.
However, with thoughtful strategies, it’s possible to create an estate plan that fosters harmony and ensures all loved ones are considered and cared for.
Understanding the Legal Rights of Blended Family Members
It’s crucial to understand California’s laws regarding spousal inheritance and the rights of children from previous marriages. Not having an estate plan can lead to significant and unintended consequences for blended families.
Without a will, the state’s intestate succession laws come into play. The surviving spouse gets 100% of the community property. If the deceased spouse has assets from before the marriage and only one biological child, the spouse will get 50% of the separate property, and the child will get the other 50%. If there are two or more biological children, the spouse will get ⅓, and the children will evenly split the other ⅔ of the separate property.
Without a will, unless they were legally adopted, the stepchildren would receive nothing unless they can prove the relationship with their stepparent started when they were minors and continued throughout their lifetime, and the stepparent would’ve legally adopted them if possible.
Open Communication is Essential for Estate Planning
Open and honest communication is the foundation of effective estate planning in a blended family. Encourage a family meeting where all parties can express their concerns and desires. This transparency helps set realistic expectations, build trust among family members, and avoid conflicts and misunderstandings.
Utilize Trusts When Estate Planning With Your Blended Family
Trusts are incredibly versatile tools for estate planning in blended families. They allow you to specify precisely how and when your assets will be distributed. For example, a revocable living trust can provide for your spouse during their lifetime while ensuring that the remainder goes to your children after your spouse’s death.
Don’t Forget Life Insurance Policies in Your Estate Planning
Life insurance offers a straightforward way to provide for specific family members without altering the distribution of other assets. It can ensure that your biological children receive an inheritance directly, or it can provide for a surviving spouse without impacting your children’s inheritance.
LPEP Law Can Help With Your Blended Family’s Estate Planning
To address the unique needs and dynamics involved, estate planning for blended families in California requires careful consideration and strategic planning. Our attorneys at Lonich Patton Ehrlich Policastri have the experience and expertise to create estate plans for blended families and can guide you through the process.
Contact us for a free consultation by calling (408) 553-0801. We will tailor a solution for your blended family.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Maximizing Your Chances in Complex Family Law Cases: The Expertise of a Board-Certified Specialist
/in Family Law /by Mitchell EhrlichFamily law deals with sensitive issues such as divorce, child custody, or spousal support. Navigating the legal complexities of these issues during an emotional time can be challenging. Board-certified family law specialists bring a unique set of skills and expertise that can significantly enhance your chances of a favorable outcome.
Let’s examine how these legal experts can help you with your complex family law case.
Understanding Board Certification in Family Law
To receive board certification in family law, attorneys must undergo a rigorous process overseen by the State Bar of California Board of Legal Specialization (CBLS). To achieve this certification, attorneys must demonstrate a high degree of experience, competence, and knowledge in family law. The CBLS requires the following:
While there are plenty of family law attorneys in California, due to the stringent requirements, not many of them are board-certified.
The Benefits of Having a Board-Certified Specialist in Family Law
Having a board-certified specialist assist you with your family law case benefits you in the following ways:
Expert Knowledge
A board-certified specialist has a deep understanding of the nuances of California family law. They are well-versed in the specific rules and court procedures, which can provide a significant advantage in complex cases.
Experience
Whether it’s a high-asset divorce, contentious custody battle, domestic violence, or complicated property division, board-certified attorneys have the expertise to navigate these issues effectively.
Strategic Guidance
Board-certified family law specialists can develop effective strategies for your specific circumstances. They know how to apply their knowledge of the law to your advantage, whether in negotiations, mediation, or litigation.
Professional Recognition
To achieve board certification means the State Bar of California recognizes the attorney’s superior skills and ethical standards. You can be assured you are getting an attorney highly regarded by their peers.
By hiring a board-certified family law specialist, you can have the peace of mind of knowing that your case is in the hands of a professional with the skills and knowledge to handle it effectively.
Speak With a Board Certified Family Law Specialist at LPEP Law
Family law matters are often emotionally charged and legally complex. Working with one of our board-certified specialists at Lonich Patton Ehrlich Policastri can maximize your chances of achieving a favorable outcome. We have worked with families on complex family law issues for over two decades. Our knowledge, experience, and assurance of quality make us invaluable allies in California’s family courts. Whatever family law issue you are facing, our attorneys can help.
Contact us for a free consultation by calling (408) 553-0801 to talk to a board-certified family law specialist who can provide the expertise and guidance you need.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Elder Care and Estate Planning: Providing for Aging Parents
/in Estate Planning /by Michael LonichThanks to advances in technology and medicine, people are living longer, fuller lives. As a result, more people are caring for aging parents than ever before. One of the most important aspects of senior caregiving is financial planning to make sure your parents’ needs and long-term care are provided for.
A great tool that you can use in financial planning is an estate plan. Many people think of estate planning as just writing a will to explain how you want your assets distributed after your death, but it’s so much more.
The following article discusses what you need to know about estate planning and how it can help provide for the long-term needs of aging parents, including elder care.
What is Estate Planning?
Estate planning is the process of organizing your estate, which includes assets like your home, jewelry, cars, land, investments, retirement and savings accounts, as well as debts. A good estate planning professional can help you make important decisions about your finances, taxes, medical issues, and debts both for the present and the future.
Working with your aging parents to get their estate in order helps ensure you know their wishes with regard to a range of issues if they become incapacitated in the future. They may want to set up a living will as part of their estate plan to outline their decisions in detail. Some questions to consider include:
How Does Estate Planning Help with Elder Care?
Generally speaking, elder care is a term that encompasses a wide range of services and institutions that help seniors live comfortably and maintain as much independence as possible as they age. For instance, assisted living communities, in-home care, skilled nursing facilities, transportation services, meal delivery, hospice care, and adult daycare all meet the different healthcare, social, and other needs of senior adults.
Once your parents have determined the best fit for them based on their health, needs, and preferences, estate planning can then help you explore options to make sure potential costs are covered, such as:
Talk to an Estate Planning Professional Today
The Estate Planning Group at Lonich Patton Ehrlich Policastri (LPEP Law) has a broad range of expertise in preparing estate planning documents, including living wills and trusts. LPEP also works with clients to maximize their current estate and minimize taxes, so they can thoughtfully enjoy the funds now while still preparing for the future. Whether you want to discuss your own estate planning needs or talk with us about your aging parents’ estate, you can call us today at (408) 553-0801 to schedule a free consultation. Let us help you protect your family’s future.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Digital Divorce: The Role of Social Media in Family Law Cases
/in Family Law /by Gina PolicastriIn the age of technology, the impact of social media on almost every aspect of our lives is undeniable, and one area where its influence is increasingly significant is in family law. But how does our social media presence actually affect family law cases?
From the use of digital evidence in custody battles to the implications of online behavior on spousal support and property division, it’s becoming more and more important to understand how social media can impact your case. Join us as we explore the nuances, challenges, and consequences of social media in contemporary family law.
The Role of Social Media in Family Law Cases in California
In divorce proceedings, social media platforms often become a digital battleground where evidence is gathered and scrutinized. Courts in California increasingly consider digital footprints when making determinations related to child custody, spousal support, and property division.
In child custody cases, California courts may consider online behavior and communications as crucial factors when determining the best interests of the child. Parents vying for custody often find their social media profiles under scrutiny, as posts, photos, and interactions can offer insights into their lifestyle, values, and ability to provide a stable environment.
The Types of Social Posts that may Impact Family Law Cases
Several types of social media posts hold particular relevance and may impact legal proceedings, including:
Overall, the types of social media posts that may impact family law cases encompass a wide range of content, from parenting practices and financial status to behavior and communication patterns.
How to Protect Yourself Online During a Family Law Case
You don’t need to completely erase your online presence, but protecting yourself on social media during family law proceedings is crucial to prevent potential complications that may impact the outcomes of your case. You may like to:
It’s also a good idea to inform friends and family members about the importance of discretion on social media during your family law case.
Talk to a Professional Family Law Attorney
At Lonich Patton Ehrlich Policastri, our family law attorneys can provide the right advice based on your specific situation. We’ll support you every step of the way and ensure your rights are protected throughout your case.
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.
The Importance of Updating Your Estate Plan: Avoiding Pitfalls and Ensuring Effectiveness
/in Estate Planning /by Michael LonichYou likely already understand the importance of creating an estate plan. Having a will, trust, power of attorney, and advanced health directives provides peace of mind to you and your family that your affairs will be managed in the event of death or incapacitation.
For many of us, making an estate plan allows us to check one item off our never-ending to-do list. However, keeping it updated is just as important. After all, life changes, and so should your estate plan.
Life Events That Affect Your Estate Plan
Throughout your life, you will experience significant events. You may experience all of them or just some, but these are the ones that will require you to review and update your estate plan.
Marriage
Getting married changes your legal and financial status. You may want to update your estate plan to include your spouse in your will, designate them as a beneficiary, grant them power of attorney, or name them as your healthcare proxy.
Divorce
Just as getting married affects your estate plan, so does getting divorced. You’ll likely want to remove your ex-spouse from your will, trusts, power of attorney designations, and any beneficiary designations on life insurance policies or retirement accounts.
Birth or Adoption of a Child
The arrival of a new family member is a cause for celebration and an important time to update your estate plan. You may want to name a guardian for your minor children in the event of an untimely death, set up trusts for their future, and ensure they are included in your will and added as beneficiaries to life insurance policies and investment accounts.
Change in Financial Status
A significant increase or decrease in your wealth should prompt a review of your estate plan. If you received an inheritance, consider how these assets will be distributed. Starting a successful business will also require you to consider what will happen to the company if you die or become incapacitated and to name a successor. Conversely, if you’ve experienced a financial loss, you may need to adjust how you allocate your remaining assets.
Retirement
Retirement is another life change that often requires adjustments to your estate plan. You may need to make revisions to reflect changes in income, plan for potential long-term care needs, and other retirement-related factors.
External Circumstances That May Require You to Update Your Estate Plan
Even if you have never experienced any of the life events listed above, other circumstances will necessitate reviewing and updating your estate plan.
Death of a Beneficiary or Executor
If a person named in your estate plan passes away, you should update your estate plan. This could be a beneficiary set to inherit from you or an executor, trustee, power of attorney, or healthcare proxy tasked with managing your estate and affairs.
Changes in Tax Laws
Tax laws change regularly, and these changes can significantly impact your estate plan. It’s crucial to review your estate plan to ensure it complies with updated regulations and that there are minimal taxes on your estate.
LPEP Law Can Assist You With Creating and Updating Your Estate Plan
Whether you need assistance creating an estate plan or updating your current one, our attorneys at Lonich Patton Ehrlich Policastri can help. We have extensive experience in estate planning and can work with you to ensure your estate plan covers all of life’s contingencies and reflects your wishes. Our lawyers can guide you on how to structure your plan to minimize taxes and provide your loved ones with peace of mind and financial security.
Contact us for a free consultation by calling 408-553-0801.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.