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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
The family and child law concept is an essential part of the justice system, and courts play a crucial role in ensuring that the government's policies and laws regarding families, children are upheld. Board-certified
Mitchell Ehrlich

Maximizing Your Chances in Complex Family Law Cases: The Expertise of a Board-Certified Specialist

April 11, 2024/in Family Law /by Mitchell Ehrlich

Family law deals with sensitive issues such as divorce, child custody, or spousal support. Navigating the legal complexities of these issues during an emotional time can be challenging. Board-certified family law specialists bring a unique set of skills and expertise that can significantly enhance your chances of a favorable outcome. 

Let’s examine how these legal experts can help you with your complex family law case.

Understanding Board Certification in Family Law

To receive board certification in family law, attorneys must undergo a rigorous process overseen by the State Bar of California Board of Legal Specialization (CBLS). To achieve this certification, attorneys must demonstrate a high degree of experience, competence, and knowledge in family law. The CBLS requires the following:

  • Passage of a written exam
  • Having practiced law for a minimum of five years, with at least 25 percent of the time devoted to family law practice.
  • Continuing education in family law beyond that required of general licensees of the California State Bar.
  • A demonstration of broad-based and comprehensive experience in family law by completing a variety of matters pertaining to the family law area.
  • Favorable peer reviews by other attorneys and judges in family law

While there are plenty of family law attorneys in California, due to the stringent requirements, not many of them are board-certified.

The Benefits of Having a Board-Certified Specialist in Family Law

Having a board-certified specialist assist you with your family law case benefits you in the following ways:

Expert Knowledge

A board-certified specialist has a deep understanding of the nuances of California family law. They are well-versed in the specific rules and court procedures, which can provide a significant advantage in complex cases.

Experience

Whether it’s a high-asset divorce, contentious custody battle, domestic violence, or complicated property division, board-certified attorneys have the expertise to navigate these issues effectively.

Strategic Guidance

Board-certified family law specialists can develop effective strategies for your specific circumstances. They know how to apply their knowledge of the law to your advantage, whether in negotiations, mediation, or litigation.

Professional Recognition

To achieve board certification means the State Bar of California recognizes the attorney’s superior skills and ethical standards. You can be assured you are getting an attorney highly regarded by their peers.

By hiring a board-certified family law specialist, you can have the peace of mind of knowing that your case is in the hands of a professional with the skills and knowledge to handle it effectively.

Speak With a Board Certified Family Law Specialist at LPEP Law

Family law matters are often emotionally charged and legally complex. Working with one of our board-certified specialists at Lonich Patton Ehrlich Policastri can maximize your chances of achieving a favorable outcome. We have worked with families on complex family law issues for over two decades. Our knowledge, experience, and assurance of quality make us invaluable allies in California’s family courts. Whatever family law issue you are facing, our attorneys can help.

Contact us for a free consultation by calling (408) 553-0801 to talk to a board-certified family law specialist who can provide the expertise and guidance you need.

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-The-Family-And-Child-Law-Conce-477344715.jpg 506 900 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2024-04-11 18:44:152024-04-11 18:47:05Maximizing Your Chances in Complex Family Law Cases: The Expertise of a Board-Certified Specialist
Senior couple meeting real estate agent at home. Old husband and wife with financial advisor for investment opportunities. Happy elderly man and woman listening to various investment plans. parents
Michael Lonich

Elder Care and Estate Planning: Providing for Aging Parents

April 5, 2024/in Estate Planning /by Michael Lonich

Thanks to advances in technology and medicine, people are living longer, fuller lives. As a result, more people are caring for aging parents than ever before. One of the most important aspects of senior caregiving is financial planning to make sure your parents’ needs and long-term care are provided for. 

A great tool that you can use in financial planning is an estate plan. Many people think of estate planning as just writing a will to explain how you want your assets distributed after your death, but it’s so much more. 

The following article discusses what you need to know about estate planning and how it can help provide for the long-term needs of aging parents, including elder care.

What is Estate Planning?

Estate planning is the process of organizing your estate, which includes assets like your home, jewelry, cars, land, investments, retirement and savings accounts, as well as debts. A good estate planning professional can help you make important decisions about your finances, taxes, medical issues, and debts both for the present and the future. 

Working with your aging parents to get their estate in order helps ensure you know their wishes with regard to a range of issues if they become incapacitated in the future. They may want to set up a living will as part of their estate plan to outline their decisions in detail. Some questions to consider include:

  • What types of medical procedures, healthcare interventions, or medications are acceptable?
  • Who should have power of attorney to make legal and medical decisions on their behalf?
  • What types of elder care and living arrangements do they prefer?

How Does Estate Planning Help with Elder Care?

Generally speaking, elder care is a term that encompasses a wide range of services and institutions that help seniors live comfortably and maintain as much independence as possible as they age. For instance, assisted living communities, in-home care, skilled nursing facilities, transportation services, meal delivery, hospice care, and adult daycare all meet the different healthcare, social, and other needs of senior adults. 

Once your parents have determined the best fit for them based on their health, needs, and preferences, estate planning can then help you explore options to make sure potential costs are covered, such as:

  • Establishing a budget that takes into account present and future needs 
  • Looking into long-term care insurance 
  • Setting up a revocable living trust to enable a trusted individual to administer their estate and distribute assets on their behalf to cover care, if they become incapacitated

Talk to an Estate Planning Professional Today

The Estate Planning Group at Lonich Patton Ehrlich Policastri (LPEP Law) has a broad range of expertise in preparing estate planning documents, including living wills and trusts. LPEP also works with clients to maximize their current estate and minimize taxes, so they can thoughtfully enjoy the funds now while still preparing for the future. Whether you want to discuss your own estate planning needs or talk with us about your aging parents’ estate, you can call us today at (408) 553-0801 to schedule a free consultation. Let us help you 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/2024/04/bigstock-Senior-couple-meeting-real-est-272265430.jpg 601 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-04-05 00:02:122024-04-05 00:02:12Elder Care and Estate Planning: Providing for Aging Parents
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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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