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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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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.
Guardianship vs. Power of Attorney: Understanding Your Options for Decision-Making Support
/in Estate Planning /by Michael LonichWhen someone is unable to make important decisions for themselves (often due to age or health issues), it can be helpful to pursue certain legal processes to enable a trusted individual to make these decisions on their behalf. Both guardianship and power of attorney provide important decision-making support, but they do have some distinctions, discussed below, that might make one a better choice than the other in certain situations.
What is Guardianship?
Guardianship is a legal process by which a court appoints either an individual or an organization to make certain decisions on behalf of someone who is incapable of managing their own affairs. Before issuing an order for guardianship, the court will investigate whether the person is incapacitated or not (except in cases where the guardianship is of a minor).
Because guardianship is established through a court order, the guardian is generally required to provide periodic updates to the court on the well-being of the individual under guardianship, which provides ongoing oversight of the relationship. Usually, the guardian is responsible for decisions regarding health care, finances, and day-to-day living arrangements.
The person under guardianship necessarily has limited autonomy and may lose some or all of their legal decision making rights.
What is Power of Attorney?
Like guardianship, a power of attorney is a legal process where one person acts on behalf of another, especially in making important decisions. Unlike guardianship, however, the individual (the principal) voluntarily designates the power of attorney to someone else (the agent or attorney-in-fact), and the process does not require court involvement.
Because the principal is choosing to grant authority to their agent, the power of attorney option provides much more flexibility and control. For instance, the principal can specify the areas in which they want the agent to act (e.g., health care power of attorney; financial power of attorney, etc.), can grant broad or limited powers, and can set specific amounts of time, such as during temporary incapacity or absence due to extended travel or illness.
Although the principal can revoke or alter the power of attorney at any time while they are competent, a durable power of attorney remains in effect even if the principal becomes incapacitated.
Which Option Is Best for You?
If you wish to have a plan in place to delegate decision-making to someone you trust in the event you become incapacitated in the future, establishing a power of attorney is an excellent option. This legal option provides you with a great deal of control, allowing you to manage your finances, healthcare, living arrangements, and other important decisions without court intervention or oversight.
If someone becomes incapacitated, and there is no power of attorney in place, the court will intervene to establish an appropriate guardianship to manage their affairs. Parents of minor children or of children with special needs should make provisions for guardianship in their estate planning to ensure their children are cared for if the parent is unable to.
Start Planning for the Future Now
Having a plan in place before you need one is the best way to ensure your choices about your finances, healthcare, children, and more are honored. Schedule your free consultation with Lonich Patton Ehrlich Policastri to go over your options, whether you are considering setting up a guardianship or power of attorney. We have years of experience helping our clients secure their futures and protect their families through estate planning and family law.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
The Role of a Guardian ad Litem in Family Law Cases
/in Family Law /by Gretchen BogerFamily law cases can be emotionally charged and complex, particularly when they involve children. In some situations, the court appoints a Guardian ad Litem (GAL) to ensure that the child’s best interests are represented. But what exactly does this role entail? Let’s explore.
What Is a Guardian ad Litem in Family Law?
A Guardian ad Litem (GAL) is a court-appointed advocate dedicated to representing a child’s best interests during legal proceedings. Unlike a traditional guardian, a GAL does not assume custody of the child but instead serves as an independent voice in court, focusing on what outcomes will most benefit the child.
When is a Guardian ad Litem assigned to family law cases?
A Guardian ad Litem is usually appointed in family law cases involving specific concerns or disputes:
The court may also appoint a GAL in other cases where the child’s welfare is a significant concern.
Responsibilities of a Guardian ad Litem in Family Law
A GAL conducts a thorough investigation by:
After gathering information, the GAL prepares a detailed report outlining their recommendations. This report can influence the court’s decisions on custody, visitation, or other arrangements affecting the child.
During hearings or mediation, the GAL speaks on behalf of the child, ensuring their needs and well-being remain the priority.
How Does a Guardian ad Litem Help?
A GAL provides an unbiased perspective in family law cases. They help the court navigate the emotional and legal complexities of disputes by focusing on facts and evidence. Their involvement can:
What to Expect as a Parent
If a GAL is appointed in your case, it’s important to:
Call LPEP to Discuss Your Family Law Case
The role of a Guardian ad Litem is critical in family law cases involving children. They provide an independent voice to ensure decisions are made in the child’s best interests. While their presence may feel intimidating, understanding their purpose can help parents navigate the process more confidently.
We know that child custody and other family law cases can be difficult to navigate, which is why the team at LPEP is always here for you. Our experienced family law attorneys will guide you through the process, providing all the support you need and doing whatever we can to ensure the best outcome for your family.
Schedule a free consultation today to discover how LPEP can support you.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.