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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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Divorce and Estate Planning: Revising Your Will After a Marital Split
/in Estate Planning /by Michael LonichGoing through a divorce is a multi-faceted process. There are so many things to be decided, such as spousal support, child custody, child support, and division of assets. You must also set up your own checking and savings account, create a new budget, and make new living arrangements. With everything going on and the emotional turmoil you are likely experiencing, you may forget about updating your estate plan. However, there are several reasons why revising your will should be a priority.
How Is Your Will Impacted by Your Divorce?
Specific provisions in your will may be automatically revoked when your divorce is completed per California Probate Code Section 6122. This includes voiding any gifts or inheritances designated for your former spouse. And if your will names your former spouse as the executor, the designation is revoked. Remember, during the pendency of your divorce, your will or trust remain in full force and effect. Consider an interim will during your divorce and then revisit the will once completed.
Your Divorce’s Impact on Other Estate Planning Documents
If your spouse is named as your financial power of attorney or your healthcare proxy, you will want to remove them and appoint someone else. You will also need to update the beneficiary designations on life insurance policies and retirement accounts.
Considerations for Divorced Parents When Revising Their Will
If you have children, you will want to specify who you wish to act as guardian for your minor children if both you and your ex-spouse pass away. You will also likely want to set up trusts to manage your children’s inheritance until they reach adulthood.
How Do California’s Community Property Laws Impact Your Will?
Assets acquired during your marriage are generally considered community property and were subjected to division upon your divorce. This can affect the distribution of your estate. You must ensure that your will accurately reflects the division of assets as determined by the divorce settlement.
Another’s Divorce May Also Impact Your Will
We often name family members or close friends as guardians of our minor children if something were to happen to us and the other parent. If a couple is jointly named and they divorce, you must make sure that change is reflected in your will.
Revising Your Will After Your Divorce
Even though California automatically makes some changes to your will upon your divorce, it’s essential to update your will to reflect your new circumstances and intentions. You should explicitly revoke your previous will to prevent any confusion or legal disputes. You will then need to draft a new will designating new beneficiaries, executors, and guardians.
Consult an LPEP Attorney
Estate laws can be complex, especially immediately following your divorce. Our attorneys at Lonich Patton Ehrlich Policastri can assist you with both your divorce and revising your will.
Our lawyers have extensive expertise in handling all matters of family law and estate planning. We will thoroughly review all your documents and ensure they are correctly updated and legally sound.
Contact us for a free consultation by calling (408) 553-0801. You will have the peace of mind of knowing that your assets are distributed according to your wishes and that your loved ones are provided for.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Navigating High-Conflict Divorce: Strategies for Minimizing Stress and Resolving Disputes
/in Family Law /by Gina PolicastriDivorce is never an easy process. In some cases, though, a divorce might become highly contentious due to disagreements about finances, child custody issues, infidelity, substance abuse, career choices, etc. Navigating a high-conflict divorce comes with different challenges, but the strategies outlined below can help minimize the stress on you and your family as you work toward resolving disputes with your former spouse.
Clear Communication is Key
Even if you are the injured party, do your best to communicate in a civil and respectful way, especially in writing. While you cannot control the actions of your former partner, you can be careful about how you present yourself. Establish healthy boundaries to protect your emotions, agreeing to discuss pertinent issues only and letting your ex-partner know what topics are completely off-limits. If your former spouse makes communication extremely difficult, consider working through a mediator or other third party.
Stay Organized
Keeping track of all written communication, dates, agreements, co-parenting schedules, and court documents is essential to reducing the stress in a high-conflict divorce situation. If disputes come up, especially during court proceedings, you will have documentation to support your position.
Be Flexible
While you may be completely in the right, and it is important to advocate for your rights, remember that some compromise will likely be necessary to resolve issues. Coming to a divorce agreement that is satisfactory to both sides regarding child support, custody, and visitation; spousal support; and division of the marital estate almost always requires some negotiation, unless there is a prenuptial agreement in place.
Focus on the Positive
During your divorce, you and your family are likely experiencing a wide range of emotions and stress levels. To the best of your ability, try to focus on the positive, recognizing that this time is just a small chapter in your life and brighter days are ahead. If children are involved, give them something to look forward to like a trip to the beach or a visit to see grandparents. Engage in some self-care as well, maybe scheduling yourself a massage or spending time with friends, relaxing and enjoying leisure activities to de-stress.
Build a Support System
Now more than ever, you need the support of friends and family and maybe even a therapist or counselor as well. You might even seek out a support group online or at a local place of worship. Don’t be afraid to ask for emotional and mental support. Having outside perspectives and encouragement can be very helpful.
Seek Guidance From Professionals
It’s never a bad idea to consult with professionals who have experience resolving high-conflict divorces. The Family Law Group at Lonich Patton Ehrlich Policastri has been helping clients navigate complex divorce cases for decades. Our team can help you make informed decisions and resolve disputes with your former spouse either through mediation and collaborative divorce, or in court. Call us today at (408) 553-0801 to schedule a free, 30-minute consultation to go over the details of your case. Let our team work to protect your rights and your family’s future.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Digital Estate Planning: Managing Your Online Presence After Death
/in Estate Planning /by Michael LonichIn the modern digital era, our online presence has become a crucial aspect of our daily lives. We gather a substantial collection of digital assets, ranging from social media profiles and online banking accounts to emails and digital photo collections. While these assets hold significant value during our lives, it’s equally essential to manage them properly after we pass away. This is where the concept of digital estate planning becomes important.
Understanding Digital Estate Planning
Digital estate planning involves organizing and managing your online presence and digital assets so that they can be accessed or handled after your death. This can include a wide range of assets such as:
Without proper planning, these assets can be lost, inaccessible, or misused, causing additional stress to your loved ones during an already difficult time.
Why Digital Estate Planning Matters
Digital estate planning is important for several reasons, including:
For these reasons, it’s important to consider digital assets when it comes to your estate planning.
Steps to Effective Digital Estate Planning
When it comes to digital estate planning, there are a few steps you need to take:
Digital Legacy Tools for Digital Estate Planning
Many online platforms now offer tools to manage your digital presence after death. For instance, Facebook allows you to designate a legacy contact who can manage your memorialized account. Google has an Inactive Account Manager where you can specify what happens to your account if it becomes inactive. These tools can simplify the process for your loved ones and ensure your wishes are respected.
Do you have any questions about digital estate planning? The Estate Planning Group at Lonich Patton Ehrlich Policastri is well versed in this area and can include your digital assets in all areas of our estate planning services. Get started today by scheduling your free consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Family Law and LGBTQ+ Couples: Navigating Unique Legal Challenges
/in Family Law /by Virginia LivelyFor LGBTQ+ couples, navigating the family law landscape can be particularly challenging due to historical biases, evolving laws, and unique family dynamics. Today, we’ll explore the specific legal challenges faced by LGBTQ+ couples and offer insights into navigating these complexities.
Unique Legal Challenges for LGBTQ+ Couples and Family Law
Family law brings some unique legal challenges for LGBTQ+ couples, which can vary dramatically from state to state. Let’s take a look at some of the challenges that these couples often have to face.
Marriage and Civil Unions
While same-sex marriage is now recognized in many jurisdictions, some regions still only offer civil unions or domestic partnerships. These alternatives often do not provide the same legal benefits and protections as marriage. LGBTQ+ couples in these areas must navigate complex legal systems to ensure their rights are upheld, particularly in matters such as inheritance, taxation, and spousal benefits.
Adoption and Parental Rights
Adoption laws can be particularly challenging for LGBTQ+ couples. In some states, same-sex couples face discriminatory practices, making it difficult to adopt children. Additionally, legal recognition of parental rights for non-biological parents in same-sex relationships can be complicated. Ensuring both parents have legal standing often requires additional legal steps, such as second-parent adoption or securing court orders.
Surrogacy and Assisted Reproduction
Surrogacy and assisted reproduction present another layer of complexity. Laws surrounding surrogacy vary widely, and some jurisdictions have restrictive regulations that make it difficult for LGBTQ+ couples to access these services. Ensuring that both partners are legally recognized as parents often necessitates navigating a labyrinth of legal requirements, including pre-birth orders and post-birth adoption processes.
Legal Protections and Advocacy for LGBTQ+ Couples
Legal protections against discrimination are vital for ensuring equality for same-gender couples. Anti-discrimination laws in areas such as employment, housing, and public accommodations help safeguard the rights of LGBTQ+ individuals. However, these laws are not uniformly enforced, and gaps remain in many regions. Advocacy and legal action are essential to address these disparities and promote equal treatment under the law.
Estate planning is another critical area where LGBTQ+ couples must be particularly vigilant. Wills, trusts, and other estate planning tools can help ensure that a partner’s wishes are honored in the event of death. Without proper legal documentation, surviving partners may face challenges in inheriting property or accessing financial benefits. Consulting with legal professionals who specialize in LGBTQ+ issues is crucial for effective estate planning.
Tips for Navigating Family Law as an LGBTQ+ Couple
Each case and situation are of course unique, but there are still some general tips we can offer for LGBTQ+ couples navigating through family law situations. Here are some things to keep in mind along the way.
Seek Legal Counsel
Given the complexities of family law for an LGBTQ+ couple, seeking specialized legal counsel is essential. Lawyers who are knowledgeable about LGBTQ+ issues can provide invaluable guidance in navigating the legal system, ensuring that couples understand their rights and the steps needed to protect them.
Embrace Community Support and Resources
Beyond legal counsel, community support organizations and resources play a vital role. LGBTQ+ advocacy groups offer support, information, and resources to help couples navigate legal challenges. These organizations can connect individuals with legal professionals, provide educational materials, and advocate for policy changes to promote equality.
LPEP: Experienced in Family Law for LGBTQ+ Couples
While significant progress has been made in recognizing and protecting the rights of same-gender couples, many unique legal challenges remain. Navigating these challenges requires awareness, advocacy, and specialized legal support.
At LPEP Law, our family law experts are well-versed in the unique challenges faced by LGBTQ+ couples. Contact us today to schedule your free consultation and ensure the best possible outcomes for you and your family.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Navigating Stepfamily Dynamics: Tips for Blended Families in Estate Planning
/in Estate Planning /by Michael LonichBlended families bring unique joys and challenges, particularly when it comes to estate planning. Managing the diverse needs and expectations of a stepfamily requires careful consideration and clear communication to ensure that everyone’s interests are protected and family harmony is maintained. Here are some essential tips for navigating stepfamily dynamics in estate planning.
Understanding the Complexity of Blended Families
Blended families, in which one or both partners bring children from prior relationships, frequently encounter intricate emotional and financial challenges. Estate planning for such families involves more than just dividing assets; it requires addressing the unique relationships and potential conflicts that may arise.
Communication is Key for Estate Planning with Blended Families
Effective communication is the cornerstone of successful estate planning in a blended family. It’s important to have open and honest discussions about each family member’s needs and expectations. This includes discussing potential scenarios and outcomes with your spouse and children. By fostering transparency, you can reduce misunderstandings and help ensure that your wishes are respected.
Setting Clear Goals and Priorities
Every blended family has its own set of dynamics and priorities. Establishing clear goals for your estate plan is crucial. Consider what you want to achieve, such as providing for your spouse, ensuring your children from previous relationships are taken care of, and minimizing potential conflicts.
Creating a Comprehensive Plan for Blended Family Estate Planning
It’s a good idea to work with an experienced estate planning attorney who understands the nuances of blended families. A comprehensive estate plan might include:
When you work with an estate planning attorney like our expert team at LPEP, you have the peace of mind that the best interests of you and your family are protected every step of the way.
Protecting Your Spouse and Children During Estate Planning
Balancing the needs of your spouse with those of your children from previous relationships can be challenging. It’s important to ensure that your spouse has sufficient financial support without disinheriting your children.
Utilizing Trusts for Blended Family Estate Planning
Trusts are valuable tools for protecting your assets and ensuring that they are distributed according to your wishes. A Qualified Terminable Interest Property (QTIP) trust can provide income for your surviving spouse while preserving the principal for your children. A revocable living trust allows you to retain control of your assets during your lifetime and specify how they should be distributed after your death.
Fairness vs. Equality
Fair does not always mean equal, especially in blended families. Strive to balance fairness with the individual needs and circumstances of each family member. This might mean providing different levels of support to children based on their financial situations or needs.
Clear Documentation
Document your decisions clearly and explain the reasoning behind them. This can help your family understand your intentions and reduce the likelihood of disputes. Include letters of instruction with your estate plan to provide additional context and guidance.
Contact LPEP For a Professional Consultation
At Lonich Patton Ehrlich Policastri, our experienced estate planning professionals provide a full range of legal estate planning services and have vast experience working with blended families in California. If you’re preparing a will or testament, work with our team to ensure your interests are protected every step of the way.
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.