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Person packing up a box and taping it shut. Getting ready to move. Moving to another state.
Michael Lonich

Does Moving to Another State Affect Your Estate Planning?

May 17, 2024/in Estate Planning /by Michael Lonich

Moving to another state can be both exciting and challenging. Between buying a new house, settling kids into new schools, changing healthcare and insurance providers, and finding your favorite new restaurants, you’re juggling countless details all at once. One important detail you might not be thinking about, though, is your estate plan. 

Even if you have worked with an experienced attorney to put together a detailed estate plan, it’s always a good idea to review that plan any time you experience a significant life event like getting married, having a baby, buying or selling a home, receiving an inheritance, starting a business, filing for divorce, or moving to a new state.

Laws related to several aspects of estate planning (e.g., wills, estate taxes, probate, etc.) vary from state to state and can significantly affect the validity or execution of your established estate plan. Below, you’ll find some examples of specific areas of estate planning that should be reviewed by an estate planning attorney in your new state of residence.

Is an Out-of-State Will Valid?

Although a properly written and executed will should be considered valid from one state to the next, there could be some potential discrepancies that might interfere with the execution of the will and complicate and prolong the probate process. For instance:

  • Many states recognize holographic, or handwritten wills, as valid, but others do not. 
  • Some states have specific requirements about witnesses when a will is being executed for it to be considered valid. Many states require at least two witnesses, but some do not require any. Sometimes, the witnesses need to be “disinterested” (i.e., not a beneficiary). 
  • Requirements about having the will notarized or being dated also vary from state-to-state.

State-Specific Tax and Property Laws

State-specific laws related to inheritance and estate taxes can vary widely. In fact, some states don’t have any inheritance or estate taxes. So, moving to a state that does have estate taxes could have a significant impact on your estate planning overall. You might need to restructure assets, including setting up or adjusting trusts and arranging for gifts and charitable donations to help minimize the tax impact.  

In addition, understanding whether your state of residence is a community property state or a common law property state might affect spousal and family inheritance rights and require some adjustments in how you structure your assets in your estate plan. 

Probate Process

The probate process can look very different across state lines. You will want to be prepared by knowing what the thresholds, court procedures, and requirements are for your state. Also, if you have designated an executor who does not live in your current state of residence, some states might require you to change to someone local who will be better able to administer your estate. Or, your designated executor might be unwilling to administer your estate in a new jurisdiction.

Get Help From Estate Planning Experts

If you have moved to California from another state, or if you are a California resident who has not yet gone through the estate planning process, the attorneys at Lonich Patton Ehrlich Policastri can help! We have years of experience in guiding clients through the process of preparing wills, setting up living trusts, assigning power of attorney, litigation, probate, and more. Call us today at 408-553-0801 to schedule a free 30-minute consultation to get started. Let our team help protect your family’s future.

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/05/bigstock-Young-Man-Packing-Box-Moving-250935988.jpg 601 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-05-17 01:29:152024-05-17 01:29:15Does Moving to Another State Affect Your Estate Planning?
A young couple stands in front of a wedding chapel in Las Vegas on. Fast wedding chapel are popular by tourists and domestic people of Las Vegas.
Gina Policastri

Can I get a divorce in California if I got married in Las Vegas?

May 10, 2024/in Family Law /by Gina Policastri

We’ve all heard of the “Vegas wedding,” and indeed, Las Vegas has become a very popular destination for couples looking to get married quickly. Many people perceive getting married in Vegas as easy, as it requires minimal paperwork, no significant waiting period, and no need for blood tests, which are required in some U.S. states. 

One of the most frequently asked questions is whether a marriage officiated in one state, such as the quick nuptials of Las Vegas, can be dissolved in another state, like California. In this guide, we’ll explain what you need to know about filing for divorce in California after getting married in Las Vegas. 

So, can I get a divorce in California if I got married in Vegas?

The short answer to the question is yes, you can get a divorce in California even if you got married in Las Vegas. California, like most states, recognizes marriages performed in other states and countries, including those in Las Vegas. However, certain criteria must be met to file for divorce in California, irrespective of where the marriage took place.

Criteria for filing for divorce in California

Firstly, to file for divorce in California, either you or your spouse must be a resident of the state for at least six months prior to filing. Also, you must have lived in the county where you plan to file for divorce for at least three months. Meeting these residency requirements is crucial, regardless of where the marriage ceremony occurred.

Once you meet the residency requirements, you’re eligible to file for divorce in California. When you file forms with the court, you’ll need to pay a fee, which costs between $400 and $500. As long as you can pay, you meet the criteria for filing for divorce in California. 

What’s the process for filing for divorce in California?

Once residency requirements are fulfilled, the process of divorce in California follows the same legal procedures, whether the marriage took place in Las Vegas, New York, or even abroad. 

This includes filing a petition for dissolution of marriage with the appropriate California court, serving the petition to your spouse, and navigating issues such as division of property, child custody, and spousal support according to California’s laws.

However, while the process may seem straightforward, complexities can arise, especially in cases involving interstate or international marriages. Differences in state laws regarding property division, alimony, and child custody can significantly impact divorce proceedings.

Discuss your divorce proceedings with an LPEP expert

For couples married in Las Vegas but seeking a divorce in California, it’s crucial to consult with a qualified family law attorney well-versed in both California’s divorce laws and the intricacies of interstate marriages. Seeking legal advice early in the process can help alleviate stress and ensure a smoother transition out of the marriage, regardless of where it began.

If there are disputes regarding jurisdiction or conflicts between state laws, seeking legal counsel becomes even more imperative. A knowledgeable attorney can help navigate these complexities and work towards a favorable resolution that protects your interests.

At Lonich Patton Ehrlich Policastri, we can help you with everything from divorce planning to litigation. Our highly experienced family law experts and divorce attorneys can guide you through the legal process of divorce in California, ensuring that your rights are protected and that the divorce is handled efficiently and effectively.

Contact LPEP today to schedule your free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/05/bigstock-127150505.jpg 600 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2024-05-10 00:26:252024-05-10 00:34:09Can I get a divorce in California if I got married in Las Vegas?
Happy asian lesbian couple sign contract. It's crucial for LGBTQ+ couples to navigate the complexities of estate planning to ensure their loved ones are protected.
Michael Lonich

Estate Planning for LGBTQ+ Couples: Addressing Unique Concerns

May 3, 2024/in Estate Planning /by Michael Lonich

In recent years, strides toward equality have significantly improved the legal rights and recognition of LGBTQ+ couples. However, despite these advancements, there are still unique challenges and considerations that LGBTQ+ couples face when it comes to estate planning. 

In California, a state known for its progressive laws, it’s crucial for LGBTQ+ couples to navigate the complexities of estate planning to ensure their wishes are honored and their loved ones are protected.

Key Considerations for LGBTQ+ Couples’ Estate Planning

While same-sex marriage has been legalized nationwide in the United States since 2015, not all LGBTQ+ couples choose to marry or are legally able to do so. Additionally, some couples may have concerns about their rights being respected in states where their marriage may not be recognized. This makes estate planning essential for protecting assets, making healthcare decisions, and ensuring inheritance rights.

Documentation and Legal Recognition

For LGBTQ+ couples, it’s essential to have thorough documentation of their relationship and legal agreements in place. This may include wills, trusts, powers of attorney, healthcare directives, and domestic partnership agreements. 

These documents can help ensure that their wishes are followed in the event of incapacity or death, especially in situations where legal recognition of their relationship may be questioned.

Guardianship for Children in Estate Planning for LGBTQ+ Couples

Many LGBTQ+ couples have children, and estate planning allows couples to designate guardians for their children in the event that both parents are unable to care for them. This is especially important for non-biological parents who may face challenges in asserting their parental rights without proper legal documentation.

Protection from Discrimination

During the process of estate planning, LGBTQ+ couples may encounter bias from family members, healthcare providers, or even legal professionals. Working with an estate planner who is knowledgeable and supportive of LGBTQ+ rights can help ensure that couples receive fair and equitable treatment in the planning process.

Tax Planning in Estate Planning for LGBTQ+ Couples

Married LGBTQ+ couples are entitled to the same federal tax benefits as heterosexual married couples. However, state tax laws and regulations may vary, and unmarried couples may face additional tax implications. Strategic tax planning can help minimize tax burdens and maximize the value of assets passed on to loved ones.

The Importance of Legal Guidance

Given the unique challenges that LGBTQ+ couples face, seeking guidance from a knowledgeable estate planner is crucial. An experienced professional can help navigate the complexities of estate planning laws and ensure that couples’ wishes are legally documented and protected.

At Lonich Patton Ehrlich Policastri, our Estate Planning Practice Group offers comprehensive legal support across various areas, including estate planning, estate and trust administration, litigation, and probate. Our attorneys have expertise in the specific concerns of estate planning for LGBTQ+ couples, and will help you make the right decisions for you and your family. 

Contact LPEP today to schedule your free consultation. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/05/bigstock-Happy-Asian-Lesbian-Couple-Sig-306778573.jpg 600 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-05-03 00:10:032024-05-03 00:10:03Estate Planning for LGBTQ+ Couples: Addressing Unique Concerns
Man and womans hands cutting paper chain family concept for divorce and child custody battle. children
Virginia Lively

The Impact of Divorce on Children: Understanding and Mitigating the Effects

April 25, 2024/in Family Law /by Virginia Lively

Divorce can be difficult on all parties concerned. When children are involved, it’s especially important to consider their well-being and take steps to mitigate the effects of the divorce on them. Of course, the impact of divorce on children can vary case by case, but the following are some common responses and issues you might face as well as strategies for supporting your children through them.

Emotional Sensitivity

Change is difficult for everyone, but children in particular may experience a range of emotions in response to changes in the family dynamic. Some amount of sadness is to be expected, but anger, anxiety, guilt, and confusion are also common emotional responses. 

Changes in Behavior

Depending on the age of the children and the circumstances of the divorce, children may exhibit new behavior like withdrawing, becoming defiant, or struggling academically. Some of the behavior may be a way for them to express their emotions or ask for attention.

Parentification

One specific behavior that children in divorce sometimes develop is taking on roles or responsibilities usually associated with adults, or parentification. They might feel as if they should take care of their parents financially, emotionally, physically, or in other ways, and may act accordingly.

Financial Strain

Especially in the early stages of divorce, finances can be an issue while the parents work through splitting up assets and deciding on child support, custody, and spousal support issues. Changes in living standards and housing might be difficult for the child, and decreased finances might limit extracurricular activities, vacations, and other luxuries.

Strategies to Support Children Affected by Divorce

Understanding some of the ways divorce might affect your children is the first step toward developing strategies to support them and mitigate negative effects. The following are a few strategies to consider:

  • Keep the communication lines open – Be as honest and transparent as you can and allow your children to do the same. Try to have age-appropriate conversations about what is happening, and always reassure them that they are safe and loved.

  • Do your best to focus on their practical needs – Prioritize meeting your child’s basic needs (e.g., housing, clothing, access to education and healthcare) and supporting them emotionally by listening. This supportive and nurturing environment will reduce their anxiety.

  • Establish and maintain routines and strive for stability – During a time of transition and change, consistency and predictability will help your child feel secure. Try to set a regular schedule for meals, bed times, homework, and activities so your child knows what to expect and when. 

  • Approach co-parenting positively – Work together with your former spouse to co-parent amicably, putting the best interests of your children first. Try to keep your interactions with your co-parent civil, and never involve your child in your own conflicts with your former partner.

  • Model healthy self-care – Children learn best by example. When you seek out healthy ways to get the emotional support you need, such as starting a new hobby, developing a community, practicing mindfulness techniques, or attending therapy or counseling, they will know it’s ok to seek help and support when they need it.

Don’t go Through Divorce Alone

If you are considering divorce, you need a supportive team on your side. The family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) can help you and your family navigate this emotional time. Call us at (408) 553-0801 to schedule a free, 30-minute consultation to discuss your case. We can help.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/04/bigstock-Man-and-womans-hands-cutting-p-26460842.jpg 621 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2024-04-25 15:22:232024-04-25 15:22:23The Impact of Divorce on Children: Understanding and Mitigating the Effects
Proud parents showing family painting of son sitting on sofa at home. Smiling mother and father with children?. Black boy with his family at home showing a painting of a happy multiethnic family. blended
Michael Lonich

Blended Families and Estate Planning: Strategies for Harmony

April 19, 2024/in Estate Planning /by Michael Lonich

Blended families, characterized by spouses bringing children from previous relationships into a new union, are increasingly common today. In fact, 40% of families in the United States are blended.

While these families often experience a wealth of love and a fresh start, they also face the unique challenges of this significant change in family dynamics. Estate planning is one area where balancing the financial needs and the emotional well-being of all family members can seem overwhelming.

However, with thoughtful strategies, it’s possible to create an estate plan that fosters harmony and ensures all loved ones are considered and cared for.

Understanding the Legal Rights of Blended Family Members

It’s crucial to understand California’s laws regarding spousal inheritance and the rights of children from previous marriages. Not having an estate plan can lead to significant and unintended consequences for blended families. 

Without a will, the state’s intestate succession laws come into play. The surviving spouse gets 100% of the community property. If the deceased spouse has assets from before the marriage and only one biological child, the spouse will get 50% of the separate property, and the child will get the other 50%. If there are two or more biological children, the spouse will get ⅓, and the children will evenly split the other ⅔ of the separate property.

Without a will, unless they were legally adopted, the stepchildren would receive nothing unless they can prove the relationship with their stepparent started when they were minors and continued throughout their lifetime, and the stepparent would’ve legally adopted them if possible.

Open Communication is Essential for Estate Planning

Open and honest communication is the foundation of effective estate planning in a blended family. Encourage a family meeting where all parties can express their concerns and desires. This transparency helps set realistic expectations, build trust among family members, and avoid conflicts and misunderstandings.

Utilize Trusts When Estate Planning With Your Blended Family

Trusts are incredibly versatile tools for estate planning in blended families. They allow you to specify precisely how and when your assets will be distributed. For example, a revocable living trust can provide for your spouse during their lifetime while ensuring that the remainder goes to your children after your spouse’s death.

Don’t Forget Life Insurance Policies in Your Estate Planning

Life insurance offers a straightforward way to provide for specific family members without altering the distribution of other assets. It can ensure that your biological children receive an inheritance directly, or it can provide for a surviving spouse without impacting your children’s inheritance. 

LPEP Law Can Help With Your Blended Family’s Estate Planning

To address the unique needs and dynamics involved, estate planning for blended families in California requires careful consideration and strategic planning. Our attorneys at Lonich Patton Ehrlich Policastri have the experience and expertise to create estate plans for blended families and can guide you through the process.

Contact us for a free consultation by calling (408) 553-0801. We will tailor a solution for your blended family.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

https://www.lpeplaw.com/wp-content/uploads/2024/04/bigstock-Proud-parents-showing-family-p-197376028.jpg 598 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-04-19 18:24:102024-04-19 18:24:10Blended Families and Estate Planning: Strategies for Harmony
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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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