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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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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.
Adoption: A Comprehensive Guide for Prospective Parents
/in Family Law /by Gretchen BogerFamilies come in all shapes and sizes. If you are planning to expand your family by becoming the parent of a child who is not biologically yours, you might be wondering how the adoption process works. This guide provides information about types of adoption, the steps you need to take, and where to get help. Adopting can be a complex and lengthy process, but having a better understanding of what’s involved can help you feel more prepared.
Types of Adoption
The most common types of adoption include:
How the Adoption Process Works
While certain steps might be slightly different, depending on the type of adoption you pursue, in general, consider the following tips as you move forward.
Once the above steps are complete, you will be matched with a child or a pregnant mother. The child will then be placed in your home, either in a foster-type relationship, or a more permanent pre-adoptive status. Periodically, a social worker will visit to monitor the transition for both you and the child. If all goes well, your adoption case will work through the family court system until it is finalized.
Talk to a Family Law Expert
The experienced family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) are well-equipped to guide you through the complex process of adoption. When it comes to drafting, reviewing, and filing legal documents; ensuring you understand the adoption laws in your state (or another country, in the case of international adoption); and representing you in family court (especially in contested adoptions), it helps to have a team on your side. Call us at 408-553-0801 for a free 30-minute consultation to discuss your case.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How to Plan for Incapacity in Your Estate Plan: Choosing a Power of Attorney and Health Care Proxy
/in Estate Planning /by Michael LonichThere is no escaping death. We understand that, so we make sure to prepare a will and name beneficiaries to ensure our assets are distributed according to our wishes and that our loved ones will be taken care of financially. But what many people don’t plan for is the possibility that something will occur that will leave them incapacitated. Incapacity can result from a variety of situations, such as severe illness, injury, or cognitive decline. When a person becomes incapacitated, they may not be able to make important financial or health care decisions.
Therefore, it’s crucial that you name a power of attorney and a health care proxy to make decisions on your behalf when you cannot do so. And while they both have decision-making authority, they each serve very different functions.
Power of Attorney
A power of attorney (POA) is a legal document that authorizes another person (agent) to handle certain matters on your behalf (principal). In California, there are different types of POAs.
Considering the responsibility placed upon the POA, you should consider the following factors when making a selection:
Health Care Proxy
A health care proxy is a legal document that designates an individual to make medical decisions for you if you cannot do so. Here are some things to consider when making your choice:
After you appoint your agents, it’s crucial to communicate your wishes clearly. Provide your POA with information about your assets, liabilities, income, and expenses. Discuss your values, beliefs, and preferences regarding medical treatments and interventions with your healthcare proxy.
It’s essential to seek legal advice when creating your documents to ensure their validity. Our lawyers at Lonich Patton Ehrlich Policastri can guide you through the process. We are experienced in all estate planning matters and can help you tailor your documents to meet your specific needs.
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.
What Rights Do Unwed Parents Have?
/in Family Law /by Virginia LivelyAccording to recent statistics, the percentage of births to unmarried women in the United States is currently around 41 percent. Given this rise in nontraditional families, it’s important to understand what each parent’s legal rights and responsibilities are when it comes to issues like custody and visitation, child support, making decisions on the child’s behalf, and inheritance rights. The following is an overview of how the law views the rights of unwed parents.
Child Custody and Visitation
When a child is born out of wedlock, the mother automatically gets custody. If the mother does not wish the alleged father to see the child, he does not have any legal rights to visit or be part of the child’s life until his paternity has been proven. However, if the father can establish paternity, he has equal rights when developing a joint custody plan, visitation rights, fighting for sole custody, and making important decisions about the child’s housing, school, healthcare, etc.
Child Support
In the same way that a reputed father does not have legal rights to custody and visitation without proven paternity, he also does not have the legal responsibility to provide child support. If the couple never married, the mother must prove the biological paternity of the alleged father, either through admission (where both parents agree) or testing, in order to be legally awarded child support payments, which help cover various costs for the child like food, clothing, medical costs, school supplies, housing, etc. Paternity must be legally established in order for the child to be included under the father’s healthcare insurance coverage as well.
Inheritance Rights
Although inheritance laws vary across the country, in general, a child is only eligible to receive an inheritance if the child’s parentage has been legally established. It is usually in the child’s best interests to go through the process of establishing paternity before this becomes an issue.
How to Establish Paternity
There are a few avenues you can take if you need to establish paternity.
Voluntary Declaration of Paternity
The unmarried parents of a child can sign a form when the child is born that designates both signees as the legal parents. Forms are available from child support agencies (more on that below), a family law attorney (like the group at Lonich Patton Ehrlich Policastri, or LPEP Law), a welfare office, or the registrar of births. Official voluntary declarations of paternity hold the same weight as a court-ordered form.
The Family Court System
In cases where paternity is disputed, some unwed parents choose to go through the court system. The child’s mother, father, their representatives, a custody agency, or other family members can file the various forms necessary to request to establish paternity. Once the forms are filed, a judge will hold a trial to help decide issues of child support and custody and visitation rights. Since this process can be somewhat complicated, it’s best to work with an experienced attorney.
Child Support Agency
Every state has what is known as child support agencies that provide services at the county and regional level for families who might not have the money to pursue a court case. Either the mother or the father can request action. If genetic testing is required to prove paternity, the child support agency will help in this process free of charge.
Talk to LPEP’s Family Law Experts Today
When establishing paternity is essential to protecting your child or your rights, it helps to have a team on your side. LPEP Law specializes in family law, including paternity cases. We can guide you through the process and make sure you get the help you need. Call us today at 408-553-0801 to schedule a free, 30-minute consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Estate Planning for Immigrants: Navigating Legal and Tax Issues
/in Estate Planning /by Michael LonichPlanning for the future is a significant step, and when it comes to safeguarding your assets, navigating the complexities of estate planning is crucial. For immigrants, this journey often involves unique challenges tied to diverse cultural backgrounds, legal intricacies, and various tax considerations.
Here, we’ll unravel the intricacies of estate planning for immigrants, shedding light on the legal and tax aspects that might come your way. By understanding these nuances, immigrants can embark on the path to securing their family’s financial future with confidence.
Understanding Estate Planning for Immigrants
Estate planning is all about making sure your assets are in good hands and your family is taken care of down the road. For immigrants, this means facing some special considerations.
Firstly, cultural background plays a role. Different communities might have specific ways of handling inheritances, and it’s crucial to address these nuances when planning your estate. Clear communication within families becomes even more vital to ensure everyone is on the same page.
Then comes the paperwork. Immigration and identification documents aren’t just important for your daily life; they play a crucial role in estate planning too. And, depending on where you’re from and where you are now, estate planning can get a bit tricky with different legal rules in play.
Legal Considerations for Immigrants in Estate Planning
When it comes to estate planning, immigrants face a set of legal considerations that differ from those of native-born individuals. Here’s just an example of some of the considerations immigrants must keep in mind when it comes to estate planning.
Documentation Challenges
Immigration status and documentation play a significant role in estate planning for immigrants. Having the proper immigration and identification documents is essential for establishing legal ownership of assets and ensuring a smooth transfer to beneficiaries. We’ll discuss the importance of obtaining and maintaining these documents to avoid complications in the estate planning process.
Jurisdictional Issues
Immigrants may have connections to multiple countries or states, each with its own set of laws governing estates and inheritances. Dual citizens, permanent residents, and non-resident aliens are subject to US laws as well as the laws in their country of citizenship when constructing a will. This can become very complex and is a key reason why professional legal advice is so important for immigrants.
Tax Implications for Immigrants in Estate Planning
Estate taxes are charges imposed on the value of a deceased person’s estate before it’s passed on to beneficiaries. For immigrants, understanding how these taxes work and whether they apply to your situation is vital.
If you’ve lived in more than one country, or if you have assets in different nations, you might face international tax complexities. Dual residency and overseas assets can trigger tax implications both in your current country of residence and in your home country.
Trust Your Estate Planning to the Experts
Estate planning involves many different legal, cultural, and tax considerations, especially for immigrants. At Lonich Patton Ehrlich Policastri, our skilled estate planning attorneys will help you navigate the legal complexities of estate planning for immigrants and protect your family’s future. Contact us here to set up your free consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.