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.
About | Why LPEP | Contact | Blog | Data Breach Information
© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy
Navigating Family Law Reforms: Quebec’s Proposal for a Unified Family Tribunal
/in Family Law /by Gretchen BogerAt 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:
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:
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.
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.
Exploring the Role of Trusts in Estate Planning for Protecting Your Wealth and Legacy
/in Estate Planning /by Michael LonichEstate 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.
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.
Preparing for Changes in Inheritance Tax Laws Affecting Pension Pots
/in Family Law /by Virginia LivelyFor 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:
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.
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.
Legal Considerations for Elder Care and Estate Planning: Protecting Your Aging Loved Ones
/in Estate Planning /by Michael LonichWhen you were younger, you relied on your parents for help and guidance as you discovered the world around you. Now, as your loved ones age, the roles are reversed, and they are beginning to rely more on you. Understanding elder law is essential to protect their well-being and future.
Families with elderly family members are often faced with difficult decisions about care, finances, and long-term planning. At times, it can feel overwhelming, but there are resources available to help you safeguard your loved ones’ dignity, well-being, and financial security.
Elder Law in California
According to California law, the elderly are people aged 65 and older. The Elder Abuse and Dependent Adult Civil Protection Act helps to protect older adults from physical abuse, neglect, and financial exploitation. Victims, or their families, can pursue civil remedies when abuse does occur.
Additionally, crimes targeting seniors, such as theft, fraud, and identity misuse, can carry penalties ranging from significant fines to imprisonment.
Essential Estate Planning Documents
A comprehensive estate plan is the foundation for protecting your elderly loved ones. Legal documents should include:
1. Revocable Living Trust
An individual can transfer their assets into a trust to be managed during their lifetime and transferred efficiently after death, thus avoiding probate. Appointing a successor trustee allows them to step in if the individual becomes incapacitated and helps to prevent financial mismanagement.
2. Durable Power of Attorney
A POA is a document that authorizes someone to handle financial matters on behalf of your loved one. Without it, you may need to go to court to gain authority.
3. Advanced Health Care Directive
This allows individuals to specify their medical wishes and end-of-life care. They can also appoint someone to make healthcare decisions on their behalf if they are unable to do so.
These essential documents help ensure that decisions are made by trusted individuals and not left to the courts. They also minimize the likelihood of conflicts and disputes among various family members.
Conservatorships
It’s often the case that an individual has done little to no prior planning and has reached a point where they can no longer manage their personal and financial affairs. In such a situation, the family may need to seek a court-appointed conservatorship.
A conservatorship authorizes a court-appointed person to make those financial or personal decisions. However, this can be a costly, time-consuming process. Courts generally dislike removing an individual’s independence and autonomy. They consider conservatorship to be a last resort when less restrictive alternatives, such as powers of attorney, are unavailable.
Protecting Your Elderly Loved One Against Financial Abuse
Older adults are often the targets of financial abuse, such as:
These actions can be devastating to seniors, both emotionally and financially. To reduce the risk of financial abuse, families need to regularly monitor their loved ones’ financial accounts and have checks and balances in place, especially for large transactions.
Fortunately, California allows the recovery of stolen assets and, sometimes, additional damages when misconduct is proven.
Long-Term Care and Medi-Cal Planning
Planning for long-term care is another critical component of estate planning. Nursing home care can be expensive, and without strategic planning, an older adult may not qualify for Medi-Cal to help cover costs.
Structuring assets properly or implementing certain types of trusts can help individuals qualify for benefits while preserving some wealth for heirs.
Bringing It All Together
Protecting your aging loved ones requires thoughtful legal planning. Our attorneys at Lonich Patton Ehrlich Policastri are experts in estate planning. We can help you understand the available protections and put the right documents in place. With our assistance, you can avoid crises and ensure your loved ones are cared for with dignity and respect.
Contact us at 408-553-0801 for a free consultation. The earlier you start, the more options you will have. Whether your loved one is fully independent or beginning to need assistance, now is the time to take those important steps.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
The Impact of ‘Melanie’s Law’ on Protective Orders in Domestic Violence Cases
/in Family Law /by Gina PolicastriDomestic violence cases are some of the most difficult for family courts to preside over. However, being able to provide protective orders for victims is an important and meaningful step in keeping families safe.
In 2022, 29-year old Melanie Chianese was killed by her mother’s abusive ex-boyfriend. Although Melanie’s mother had a protective order, and Melanie’s own young son was protected, she could not get a protective order for herself because she was an adult.
To help close this legal loophole, New York passed a domestic violence reform law known as Melanie’s Law in 2024. Melanie’s Law expanded who can receive legal protection from an abuser.
What Are the Impacts of Melanie’s Law?
Melanie’s Law expands important protections for domestic violence victims in several ways.
Closes a Major Legal Gap
Courts can now issue protective orders to all family and household members of a domestic violence victim. Before Melanie’s Law was passed, courts could issue protective orders mainly for direct victims of domestic violence or minor children in their care.
Adult family members, including adult children, siblings, or other relatives, often could not get protective orders, even if they were at risk.
Expands Individual Legal Rights
Adult family members at risk can file their own petitions in family court, not just be added to someone else’s case. Judges now treat them as independent protected parties.
Recognizes the “Ripple Effect” of Domestic Violence
Domestic violence affects entire families, even extended family members, not just one person. Abusers may target relatives when they cannot act against the primary victim. Every family member should have access to legal protection.
Improves Prevention and Safety Outcomes
Melanie’s Law gives courts more flexibility to tailor protective orders to reflect real-world scenarios and danger. By expanding who can receive protection, the law encourages earlier intervention before violence escalates, and reduces the chance for abusers to exploit legal technicalities.
Symbolic Impact
While tragedies are unfortunate, they can sometimes also expose gaps in the legal system the way Melanie’s case did. Fixing those problems is one way to bring good from a terrible situation. Melanie’s Law signals a shift toward a more victim-centered and family-aware domestic violence policy that reflects real-world situations.
Protective Orders in Other States
Every state has its own laws regarding protective orders in domestic violence cases. Although Melanie’s Law is specific to New York, its passage could inspire similar legislation in other states. In addition, family lawyers and advocates can now cite Melanie’s Law as a model.
Schedule a Free Domestic Violence Consultation
If you or someone you love is experiencing domestic violence, seek help. The family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) have extensive experience in fighting for families’ safety. We can help you navigate complicated divorce and custody issues in light of domestic violence as well. Talking to an experienced domestic violence attorney is an important first step. You can schedule a free, no-obligation consultation with LPEP Law to discuss your situation today. Don’t wait to get help.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.