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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 Will: Life Events That Trigger Estate Plan Revisions
/in Estate Planning /by Michael LonichCreating a will is a critical step in protecting your loved ones and ensuring your wishes are honored. But an estate plan isn’t a “set it and forget it” document. As life changes, so should your will. Failing to update your estate plan after major life events can lead to unintended consequences, family disputes, or assets being distributed in ways you never intended.
Below are some of the most common life events that should prompt a review, and likely a revision, of your will.
Marriage or Divorce
Getting Married
Marriage can significantly change how your estate should be distributed. In many states, spouses have legal rights to inherit, even if they are not named in a will. Updating your estate plan after marriage ensures your spouse is properly provided for and allows you to revise beneficiary designations, guardianship preferences, and powers of attorney.
Divorce or Legal Separation
Divorce is one of the most critical times to update your will. While some states automatically revoke provisions for an ex-spouse, others do not. Without an update, your former spouse could still inherit assets or remain named as an executor, trustee, or beneficiary; outcomes most people want to avoid.
Birth or Adoption of a Child
Adding New Family Members
Welcoming a child or adopting one is a major life milestone that should trigger an estate plan review. Your will should name a guardian for minor children and ensure assets are distributed in a way that supports their long-term care and education.
Updating Guardianship and Trust Provisions
As children grow, your preferences for guardians or trustees may change. Updating your will allows you to reflect evolving family dynamics and financial circumstances.
Significant Changes in Assets or Finances
Buying or Selling Property
Purchasing a home, inheriting property, or selling a major asset can alter the structure of your estate. Updating your will ensures newly acquired assets are properly titled and distributed according to your wishes.
Starting or Selling a Business
Business ownership adds complexity to estate planning. Changes in ownership, valuation, or succession plans should be reflected in your will to prevent disputes and ensure a smooth transition.
Death or Incapacity of a Loved One
If someone named in your will passes away or becomes incapacitated, your estate plan should be updated promptly. Naming alternate beneficiaries and fiduciaries helps avoid delays and confusion during probate.
Changes in Laws or Personal Priorities
Legal and Tax Updates
Estate and tax laws evolve over time. An outdated will may miss opportunities to reduce taxes or comply with current legal requirements.
Shifting Personal Goals
Your values and priorities may change as you age. Charitable giving, long-term care planning, or providing for grandchildren may become more important over time.
Keep Your Estate Plan Current
A good rule of thumb is to review your will every three to five years, or anytime a major life event occurs. Regular updates help ensure your estate plan continues to reflect your wishes and protects the people who matter most.
At LPEP, our experienced estate planning attorneys can help you identify necessary updates and guide you through the process, giving you peace of mind that your plan remains current and effective.
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 Evolution of Surrogacy Laws: Implications for Modern Families
/in Family Law /by Gina PolicastriIn recent decades, surrogacy has emerged from the fringes of reproductive medicine into the mainstream, offering hope to individuals and couples who otherwise could not build a family. However, as its popularity has grown, so too have the legal and ethical complexities surrounding it.
For families in the Bay Area (and across the country) understanding the evolution of surrogacy laws is essential to navigating the path to parenthood with confidence and clarity.
A Brief History of Surrogacy Law
Surrogacy arrangements were once informal and largely unregulated. In the early days, agreements were based on personal trust, with little legal protection for either party. It wasn’t until the latter part of the 20th century, with advances in reproductive technologies such as in vitro fertilization (IVF), that surrogacy became a more common and viable option. As the practice expanded, so did the need for legal frameworks.
The 1980s and 1990s saw the first wave of legislative responses, largely focused on determining the rights of the birth mother and intended parents. Some states embraced surrogacy contracts, while others, citing concerns about exploitation and commodification of childbirth, enacted bans or restrictions. This patchwork of laws created significant uncertainty, and often unequal access, for families based on where they lived.
Key Legal Milestones
Several significant legal developments have shaped the current landscape:
Contract Enforcement
Courts have increasingly upheld surrogacy agreements, particularly for gestational surrogacy (where the surrogate has no genetic link to the child). This has provided much-needed predictability for intended parents and surrogates alike.
Parentage Orders
Many states now allow intended parents to obtain pre-birth or post-birth parentage orders that establish legal parentage without requiring lengthy adoption proceedings. This is crucial for same-sex couples and single parents by choice.
Non-Discrimination
Laws have evolved to prohibit discrimination in surrogacy based on sexual orientation or marital status, expanding access for LGBTQ+ families.
Despite these advances, significant legal variation remains. Some states have comprehensive statutes; others rely on case law or provide no guidance at all. For intended parents in the Bay Area, where state law is surrogacy-friendly, this means more legal certainty, but for those considering out-of-state arrangements, the landscape can be unpredictable.
Implications for Modern Families
The evolution of surrogacy laws has profound implications for modern families:
Access and Equity
Legal recognition of diverse family structures has broadened access to surrogacy. Same-sex couples and single individuals now have clearer pathways to parentage rights, though disparities persist in states with restrictive laws.
Risk Management
Well-drafted surrogacy agreements and clear parentage statutes reduce legal risk. Intended parents and surrogates can better understand their rights and obligations, minimizing potential disputes.
Cross-Border Challenges
Families who pursue surrogacy across state or international borders must navigate conflicting laws. This can affect everything from custody to citizenship for the child.
Ethical Considerations
As laws evolve, ethical debates continue, particularly around compensation, surrogate protections, and the commercialization of reproduction. Lawmakers and courts are increasingly tasked with balancing individual autonomy with protections against exploitation.
Protecting Your Path to Parenthood
Surrogacy laws have come a long way, offering greater clarity and protection for modern families, especially here in California. Still, every surrogacy journey requires careful legal planning to safeguard the rights of all parties involved.
If you’re considering surrogacy in the Bay Area, our experienced family law team can guide you through each step with confidence and care.
Contact us today to schedule a free consultation and ensure your path to parenthood is legally secure.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Expatriate Estate Planning: What Are the Unique Challenges?
/in Estate Planning /by Michael LonichUnderstanding some of the unique challenges that expatriate estate planning presents can be an important step toward protecting your family’s future.
Living or working abroad offers exciting opportunities for families, but you should also be aware of how it can affect your estate plan. Owning property or other assets, investing in financial accounts, or having family members residing in more than one country, means that a simple will might not be enough to protect your family from unexpected tax exposure or delayed asset distribution through multiple probate processes.
Conflicting Inheritance Laws
Inheritance laws can vary dramatically by country. While some countries (e.g., the United States, Canada, Australia) prioritize individual freedom to distribute assets however you choose, many European, South American, and Middle Eastern countries abide by forced heirship regulations that require a set portion of your estate to be set aside for specific family members such as spouses or children.
Domicile vs Residence
Expatriate estate planning often hinges on your domicile rather than just where you reside. In legal terms, your domicile is the location you consider your primary, permanent residence (the place you intend to return to eventually), regardless of where you actually live. Simply moving and living in a new country does not automatically change your legal status when it comes to your estate, which can affect inheritance rights and tax exposure.
Exposure to Multiple Tax Systems
One of the many benefits of estate planning is the opportunity to minimize estate and inheritance taxes, freeing up more of your assets for your beneficiaries. Without careful planning, the estates of expatriate families could be subject to different taxes in multiple jurisdictions, including:
Protecting Minor Children
For expatriate families living in another country with minor children, clear, coordinated cross-border estate planning is even more critical. Without it, there could be questions about which country decides guardianship if both parents die while living overseas. Clear directives outlining your wishes for who should act as your children’s legal guardian are vital to ensure stability for your family during a very stressful and emotional situation. Otherwise, your minor children could be vulnerable to cross-border custody conflicts, especially if close family members reside in more than one country and want to compete for guardianship rights.
Expatriate Estate Planning Requires Specialized Guidance and Coordination
While it’s always a good idea to work with estate planning experts, even for domestic estate planning, expatriate estate planning absolutely requires specialized guidance due to its unique legal challenges.
The estate planning group at Lonich Patton Ehrlich Policastri (LPEP Law) can help you:
Expatriate estate planning is about more than a will. LPEP Law can help you create a comprehensive, cross-border estate plan that reflects the global reality of your life and helps make sure that your wishes are honored and your family is adequately protected no matter where you end up.
Take the first step and schedule your free, no-obligation consultation today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What are the Requirements to Have an Annulment?
/in Family Law /by Gretchen BogerIt seemed like the right decision at the time. The wedding happened quickly, and before you knew it, you and your spouse tied the knot. Now you may be wondering if you made a mistake and if seeking an annulment is an option.
You’ve heard of celebrities getting their impromptu, short-term marriages annulled. It seems like a quick way to erase a marriage and make it seem like it never happened. However, annulments aren’t about regret, and in California, they have strict legal requirements.
What Does it Mean When a Marriage is Annulled?
Getting a marriage annulled is not just another way of ending a marriage. Instead, the court is declaring that the marriage was never legally valid to begin with. Legally, it’s as if the marriage never existed.
That doesn’t mean the relationship didn’t happen or that there are no legal consequences. An annulment simply means that the marriage didn’t meet the legal requirements for a valid union.
What is the Difference Between Annulment and Divorce?
The main difference between annulment and divorce is how the law views the marriage itself. A divorce legally ends a marriage. There’s an acknowledgement that a valid union existed and was formally dissolved. An annulment states that there was no marriage.
Additionally, California divorces are “no-fault”, which means you don’t need to prove wrongdoing; irreconcilable differences are enough to begin the divorce process. Annulments have very specific legal requirements.
What are Legal Grounds for Annulment?
An annulment in California is available only in limited circumstances. Furthermore, there are two types:
California law prohibits incest (marriage between close blood relatives) and bigamy (one spouse was already married to someone else). Therefore, these “void marriages” are automatically invalid.
For voidable marriages, the person seeking the annulment must prove one of the following grounds:
Are There Statutes of Limitations on Annulment?
There are no time restrictions for filing for annulment in void marriages. Additionally, if either spouse was of unsound mind at the time of the marriage, an annulment can take place at any time before either spouse dies.
However, voidable marriages do have strict deadlines. In situations of forced marriages or physical incapacity, the claim must be filed within four years of the marriage. Fraud cases must generally be filed within four years of discovering the deceit. If one spouse was a minor when they married, the annulment must be filed before they turn 22.
Failing to meet the deadline could mean you no longer qualify for an annulment and instead must file for divorce.
Let LPEP Law Help
Are you considering an annulment? The first step is understanding your options. Choosing the wrong path could affect your rights and your future. Our experienced attorneys at Lonich Patton Ehrlich Policastri can review your situation, explain whether you qualify for an annulment, and help you move forward.
Call us at (408) 553-0801 to schedule your free consultation. We’re here to answer your questions, protect your interests, and guide you through the process.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Cryptocurrency and Estate Planning: Addressing the Challenges of Passing Down Digital Wealth
/in Estate Planning /by Michael LonichTechnology has changed the way we communicate, work, and invest. Approximately 27% of Californian adults own cryptocurrency, which provides both unique opportunities and challenges.
If you’re considering adding digital wealth to your portfolio, it’s crucial to understand how cryptocurrency will affect your estate plan.
Cryptocurrency Simplified
Cryptocurrency, such as Bitcoin, is a form of digital money that exists only online and uses secure technology called blockchain to record transactions. It is decentralized, meaning it isn’t controlled by any institution. People use cryptocurrency to invest, make payments, or store value.
The Complexities of Cryptocurrency in Estate Planning
Since cryptocurrency is intangible, you need to prove ownership through private digital keys rather than bank records or paper statements. Access depends entirely on these digital keys and requires careful planning to ensure it can be accessed and transferred when needed. If these digital keys are lost, there is no authority you can call to gain access.
Additionally, if your heirs don’t have access to your private keys or recovery phrases after you pass away, your digital wealth, which could be substantial, can be lost forever.
California Recognizes Cryptocurrency in Estate Planning
California’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) provides fiduciaries, such as executors, trustees, and POAs, with a legal framework for accessing and managing a person’s cryptocurrency upon death or incapacity.
However, your estate planning documents must explicitly authorize access under RUFADAA. Without that authority, the cryptocurrency exchange or wallet provider may deny your appointed fiduciary access.
Your Digital Estate Plan
You can help ensure your digital wealth is passed on to your heirs by taking the following steps:
1. Inventory Your Digital Assets
Document all of your digital holdings, including cryptocurrency wallets, NFTs, and DeFi investments. Include where they are stored and any technical details you believe your fiduciary will need.
2. Document access instructions
Use a secure, offline method for storing your private keys or seed phrases. Never write them directly into your will, as it will become public record during the probate process. Make sure your fiduciary knows how to retrieve them.
3. Use Specific Digital Asset Language
Using generic terms, such as “my digital assets,” is insufficient. Your estate plan should distinctly identify cryptocurrency, NFTs, and other digital assets by name. Explain how you want them distributed and ensure your executor has the explicit authority to access them.
4. Name a Digital Executor
Managing digital wealth requires technical skills that your estate’s executor may lack. Consider appointing a separate executor who’s solely responsible for accessing, managing, and distributing your digital estate.
LPEP Law Can Help with Your Digital Estate Planning
If cryptocurrency and other digital assets are an integral part of your investment portfolio, it’s essential to plan ahead. Failing to do so could result in:
Our attorneys at Lonich Patton Ehrlich Policastri can help you craft an estate plan that includes your digital assets. We understand the challenges of passing down digital wealth and will work with you to protect, organize, and legally transfer it so your loved ones aren’t locked out when it matters most.
Contact us at (408) 553-0801 for a free consultation on safeguarding your digital assets and preserving your legacy.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.