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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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Who Needs an Estate Plan?
/in Estate Planning /by Michael LonichTrue or False? Only rich, elderly people need to have an estate plan.
It wouldn’t be a surprise if you chose ’True.’ After all, just the word ‘estate’ brings to mind large country manors with huge tracts of land. And that’s how the Oxford Dictionary defines it.
However, there’s another definition that refers to an estate as all the money and property owned by an individual. Therefore, if you have any assets, you should have an estate plan.
But when should you create yours? That’s what we’re going to explore.
What’s in an Estate Plan
Everyone has different needs, and some estates may be more complex than others, especially if investments, real estate, retirement accounts, and luxury items exist. But some components should be included in every estate plan:
Last Will and Testament
68% of U.S. adults don’t have a will. They may assume that everything goes to their spouse or their children, but that’s not always the case. Instead, everything you own will be distributed according to California’s intestacy laws.
If you have a spouse and children, your spouse will get all the marital assets and half of any separate assets you may have. Your children will get the other half of the separate property. If you and your spouse don’t have children, then half of the separate property will go to your parents.
If you don’t have a spouse, everything goes to your children. The estate will go to your closest relatives if there is no surviving spouse or children. This has become such a common occurrence that it even has its own term: the laughing heir. Furthermore, without a will, certain sentimental items won’t get passed on to the people you wished to receive them.
Even more important than material belongings, you can name a guardian for any minor children you may have in your will. Without that designation, the courts will decide your children’s care, and they may be raised by someone who doesn’t share your values.
Power of Attorney (POA)
If you were hospitalized due to an illness or injury and couldn’t communicate, who would take care of your financial affairs? How would your bills get paid? What if there were important investment decisions that needed to be made?
A power of attorney is a legal document that gives a trusted individual the authority to make financial decisions if you become incapacitated.
Healthcare Proxy and Advanced Directives
Just like a power of attorney handles your financial affairs during your incapacitation, a healthcare proxy handles the medical decisions. In addition, advanced directives outline what you want regarding end-of-life care.
Digital Estate Plan
We spend much of our time online. It’s crucial that you provide instructions on how to access your accounts, which should include:
URL
Username
Password
If it requires multi-authentication
You will also want to outline what you want done with your social media accounts, any domain names that you own, and pictures and documents stored in the cloud.
Estate Planning Help from LPEP Law
If you’re an adult, you need an estate plan, and the time to start is now. You may have been putting it off because it feels overwhelming. That’s where our lawyers at Lonich Patton Ehrlich Policastri can help. We have decades of combined experience and work with people throughout San Jose and the Greater Bay Area in creating tailor-made estate plans.
That’s because we understand everyone’s situation is unique. We will discuss your goals in making an estate plan, ensuring it is customized to your specific needs.
Contact us today to schedule your 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.
Will Child Custody Be in Favor of the Mother?
/in Family Law /by Virginia LivelyWhen parents separate or divorce, one of the most significant concerns is child custody. A common question arises: Will the courts favor the mother in deciding custody arrangements? While many believe that mothers automatically have an advantage, the reality is more nuanced. Let’s explore how custody decisions are made and whether the belief about mothers being favored holds true.
How Courts Decide Child Custody
Family courts prioritize the best interests of the child above all else. This principle means that decisions are made based on what will provide the child with the most stable, loving, and supportive environment. Key factors include:
Courts also consider the child’s preference, depending on their age and maturity. There is no automatic assumption that one parent, such as the mother, is inherently better suited to have custody.
Does the Mother Have an Advantage in Custody Cases?
Historically, courts often awarded custody to mothers, especially for young children, under the “tender years doctrine.” This outdated belief assumed that young children needed their mothers for proper care.
Today, most courts have moved away from this presumption. Instead, they strive for gender-neutral custody decisions, meaning both parents have an equal chance to obtain custody based on their ability to meet the child’s needs.
That said, in some cases, mothers may still seem to have an advantage. For example:
Primary Caregiver Role
If the mother has been the primary caregiver—managing day-to-day tasks like meals, school activities, and bedtime routines—courts might view her as the more stable choice for custody.
Societal Expectations
Even though courts are more neutral today, societal expectations sometimes influence how custody arrangements are perceived. Mothers may still be seen as more nurturing, but this bias is decreasing.
Children’s Preferences
If children express a preference to live with their mother and can explain their reasons, courts often take this into account.
Can Fathers Get Custody?
Absolutely. Many fathers successfully gain custody, especially when they can demonstrate their involvement in the child’s life. Courts are increasingly recognizing the importance of fathers and the benefits of having both parents actively involved.
Fathers who are equally involved as caregivers and can show a strong emotional bond with their children have a solid chance of securing custody, either jointly or fully.
Joint Custody: A Common Outcome
In most cases, courts prefer joint custody arrangements where both parents share decision-making and parenting time. This approach allows children to maintain strong relationships with both parents.
Contact LPEP to Discuss Your Child Custody Case
While mothers historically had an advantage in custody battles, today’s courts emphasize fairness and the child’s best interests. Both parents are evaluated equally, based on their ability to provide a stable and supportive environment.
If you’re navigating a custody case, don’t hesitate to reach out to Lonich Patton Ehrlich Policastri. We understand how important family is, and we’ll do everything we can to help you see your children as often as you deserve.
Contact us today to set up your free consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Is a Handwritten Trust Legal in California?
/in Estate Planning /by Michael LonichWhen creating an estate plan, you might wonder if you need a lawyer to write up complex legal documents or if you can simply write your wishes by hand. In California, a handwritten trust, known as a holographic trust, can be a legally binding document, but certain rules must be followed to ensure its validity. Let’s break it down step by step.
What Is a Handwritten Trust?
A handwritten trust is a document where the creator (called the grantor or settlor) outlines how their assets will be managed and distributed after their death. Unlike a will, a trust allows for the management of assets during your lifetime, as well as after your passing, without going through probate.
Are Handwritten Trusts Legal in California?
Yes, handwritten trusts are legal in California, but they must meet specific requirements to be valid. Under California Probate Code, a trust must:
While the state does allow handwritten wills under certain circumstances, handwritten trusts are treated differently. It’s essential that the document complies with all trust laws, including being properly signed and dated.
The Importance of Witnesses and Notarization in Handwritten Trusts
Unlike handwritten wills, which can sometimes skip formalities if certain conditions are met, a handwritten trust in California typically requires more safeguards. For example:
Risks of Writing Your Own Trust
While a handwritten trust is legal, there are risks involved. Here’s why:
1. Potential for Errors
Writing a trust by hand without legal expertise increases the chances of mistakes. Missing critical elements, like naming a trustee or clearly identifying beneficiaries, can invalidate the trust.
2. Ambiguity
Legal language is precise for a reason. If your handwritten instructions are unclear or vague, it could lead to disputes among beneficiaries or difficulties in administering the trust.
3. Challenges in Court
A poorly written trust is more likely to be contested by family members. If someone believes the trust doesn’t reflect your true wishes, it could lead to costly legal battles.
When to Consult a Lawyer to Create a Trust
Although you can create a handwritten trust in California, it’s a good idea to consult an attorney, especially if:
Contact LPEP For Your Free Consultation
A handwritten trust can be legally valid in California, but it’s not always the best option. To ensure your wishes are carried out and avoid potential legal disputes, consider seeking professional guidance.
At Lonich Patton Ehrlich Policastri, our experienced estate planning attorneys believe in offering services based on your specific needs and situation. We understand that each family is different, and we’ll help you create a trust that stands up to scrutiny and provides peace of mind for you and your loved ones.
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.
Understanding Guardianship and Securing the Future for Your Loved Ones
/in Family Law /by Mitchell EhrlichAlthough it can be difficult to think about, there might come a time when you are unable to care for your loved ones. It’s important to have a plan in place to make sure that you can continue to provide for their needs and give them a stable future. One helpful legal tool to consider is guardianship. Below, you’ll find information about guardianship, including the role of a guardian and the types of guardianship.
What is Guardianship?
Legally, a guardianship is a relationship where a court appoints an individual (known as the guardian) to be responsible for the well-being of someone who cannot care for, or make important decisions for, themselves (known as the ward).
What is the Role of a Guardian?
In a guardianship, the guardian is legally responsible to make decisions on behalf of the ward to ensure their well-being and appropriate care. Most often, the scope of decision-making includes:
Types of Guardianship
Guardianship typically falls into two categories: for minors and for adults.
Guardianship of a Minor
In the eyes of the law, children under the age of 18 (or, minors) do not have the appropriate life experience to make important decisions for themselves. If a parent becomes unable to care for their minor-aged child, the court will appoint a guardian to take over the parental role.
Guardianship of an Adult
For adults who are incapacitated, whether due to disability, mental health issues, illness, or age, a court will first evaluate whether the person is able to make decisions for themselves or not. If the court deems a guardianship is in the best interests of the individual, they will appoint one, usually with input from family members and health professionals.
Securing Your Family’s Future
Although your loved ones might not need a guardian yet, it’s important to have a specific and detailed plan in place, especially if you have minor children or a special needs child. You don’t want to leave it up to the courts to decide. Instead, you can include instructions in your estate planning.
First, choose a guardian who is trustworthy, responsible, in good health, and able to make important decisions on your loved ones’ behalf. Often, guardians are close relatives or trusted family friends.
Next, consult with legal professionals who are experts in family law and estate planning. They can guide you through the estate planning process and help you put appropriate plans in place that will stand up in court and make the process smoother for your family.
The attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) offer a full range of legal services in these areas, including wills and trusts (i.e., living, special needs, life insurance, dynasty, etc.). Call LPEP Law at 408-553-0801 to schedule your free, 30-minute consultation to discuss your family’s needs and start protecting your family’s future today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Elder Law Essentials: Legal Strategies for Aging Well and Protecting Assets
/in Estate Planning /by Michael LonichAround the time we reach middle age, we start to form a picture of how we want our golden years to look. Most of us envision an active, healthy older person living their best life. Traveling the world, enjoying long walks with our partner, and spending time with our children and grandchildren checks all the boxes of a fulfilling second act.
To live the life you’re dreaming of requires only two things: health and wealth.
It’s within reach if you have the proper knowledge. Fortunately, you’ve come to the right place.
Defining Aging Well
By 2030, 20% of the United States population will be 65 and older. This will have a considerable impact on our society and economy. While progress is being made in the development of a national plan for aging, our country is lagging far behind other countries in creating strategies to meet the challenges and opportunities brought forth by a large older demographic. Therefore, it’s crucial that you have your own plan for healthy aging.
There is a misconception that growing older is synonymous with declining health. Preventative measures include staying active and socially engaged, a healthy diet, and regular health exams.
It’s also essential to be prepared for potential hospital stays and the need for skilled care. Addressing gaps in healthcare and purchasing long-term care insurance can help ensure you receive quality care without draining your finances.
Laying the Legal Foundation for Protecting Your Assets
Creating an estate plan is the key to protecting your assets and preserving your legacy. In addition to a will that dictates the distribution of your assets to be distributed after you pass away, a well-crafted estate plan should include the following:
What is Elder Law?
Older adults have unique needs, and elder law focuses on the areas of estate planning and asset protection. The goal of elder law is to ensure financial stability as we age by addressing issues such as:
At Lonich Patton Ehrlich Policastri, we have the knowledge and experience to help you navigate the legal complexities related to aging. Our caring attorneys will work with you to provide strategies tailored to your individual needs.
Contact us at 408-553-0801 to schedule your free consultation and learn how we can create a plan that protects you and your assets.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.