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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

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.

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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.

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Digital Divorce: The Role of Social Media in Family Law Cases

March 29, 2024/in Family Law /by Gina Policastri

In the age of technology, the impact of social media on almost every aspect of our lives is undeniable, and one area where its influence is increasingly significant is in family law. But how does our social media presence actually affect family law cases?

From the use of digital evidence in custody battles to the implications of online behavior on spousal support and property division, it’s becoming more and more important to understand how social media can impact your case. Join us as we explore the nuances, challenges, and consequences of social media in contemporary family law.

The Role of Social Media in Family Law Cases in California

In divorce proceedings, social media platforms often become a digital battleground where evidence is gathered and scrutinized. Courts in California increasingly consider digital footprints when making determinations related to child custody, spousal support, and property division.

In child custody cases, California courts may consider online behavior and communications as crucial factors when determining the best interests of the child. Parents vying for custody often find their social media profiles under scrutiny, as posts, photos, and interactions can offer insights into their lifestyle, values, and ability to provide a stable environment.

The Types of Social Posts that may Impact Family Law Cases

Several types of social media posts hold particular relevance and may impact legal proceedings, including:

Financial status: Posts revealing extravagant purchases, luxurious vacations, or business ventures can impact spousal support and property division determinations. Such posts may contradict claims of financial hardship or show undisclosed assets.

New relationships: Posts disclosing new romantic relationships or cohabitation arrangements before your divorce proceedings are finalized may show evidence of infidelity, which could impact child custody, alimony, and property division.

Substance abuse: Posts involving substance abuse, reckless behavior, or inappropriate conduct may affect issues such as child custody, visitation rights, and spousal support.

Overall, the types of social media posts that may impact family law cases encompass a wide range of content, from parenting practices and financial status to behavior and communication patterns.

How to Protect Yourself Online During a Family Law Case

You don’t need to completely erase your online presence, but protecting yourself on social media during family law proceedings is crucial to prevent potential complications that may impact the outcomes of your case. You may like to:

Think twice before posting: Avoid sharing sensitive information about your case, emotions, or personal life. Refrain from making disparaging remarks about your ex-spouse or engaging in online interactions.
Adjust privacy settings: Limit the audience for your posts and ensure that only those you trust have access to your personal information. Regularly update these settings to maintain control over your online presence.
Don’t use social media to vent: Avoid discussing your case on social media. Conversations about legal strategies, negotiations, or court proceedings should be reserved for private and confidential discussions with your attorney.
Monitor tags and mentions: Keep a close eye on tags, mentions, and comments. Unwanted tags or comments from friends may disclose information about your activities or relationships that could impact your case.

It’s also a good idea to inform friends and family members about the importance of discretion on social media during your family law case.

Talk to a Professional Family Law Attorney

At Lonich Patton Ehrlich Policastri, our family law attorneys can provide the right advice based on your specific situation. We’ll support you every step of the way and ensure your rights are protected throughout your case.

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

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The Importance of Updating Your Estate Plan: Avoiding Pitfalls and Ensuring Effectiveness

March 21, 2024/in Estate Planning /by Michael Lonich

You likely already understand the importance of creating an estate plan. Having a will, trust, power of attorney, and advanced health directives provides peace of mind to you and your family that your affairs will be managed in the event of death or incapacitation.

For many of us, making an estate plan allows us to check one item off our never-ending to-do list. However, keeping it updated is just as important. After all, life changes, and so should your estate plan.

Life Events That Affect Your Estate Plan

Throughout your life, you will experience significant events. You may experience all of them or just some, but these are the ones that will require you to review and update your estate plan.

Marriage

Getting married changes your legal and financial status. You may want to update your estate plan to include your spouse in your will, designate them as a beneficiary, grant them power of attorney, or name them as your healthcare proxy.

Divorce

Just as getting married affects your estate plan, so does getting divorced. You’ll likely want to remove your ex-spouse from your will, trusts, power of attorney designations, and any beneficiary designations on life insurance policies or retirement accounts.

Birth or Adoption of a Child

The arrival of a new family member is a cause for celebration and an important time to update your estate plan. You may want to name a guardian for your minor children in the event of an untimely death, set up trusts for their future, and ensure they are included in your will and added as beneficiaries to life insurance policies and investment accounts.

Change in Financial Status

A significant increase or decrease in your wealth should prompt a review of your estate plan. If you received an inheritance, consider how these assets will be distributed. Starting a successful business will also require you to consider what will happen to the company if you die or become incapacitated and to name a successor. Conversely, if you’ve experienced a financial loss, you may need to adjust how you allocate your remaining assets.

Retirement

Retirement is another life change that often requires adjustments to your estate plan. You may need to make revisions to reflect changes in income, plan for potential long-term care needs, and other retirement-related factors.

External Circumstances That May Require You to Update Your Estate Plan

Even if you have never experienced any of the life events listed above, other circumstances will necessitate reviewing and updating your estate plan.

Death of a Beneficiary or Executor

If a person named in your estate plan passes away, you should update your estate plan. This could be a beneficiary set to inherit from you or an executor, trustee, power of attorney, or healthcare proxy tasked with managing your estate and affairs.

Changes in Tax Laws

Tax laws change regularly, and these changes can significantly impact your estate plan. It’s crucial to review your estate plan to ensure it complies with updated regulations and that there are minimal taxes on your estate.

LPEP Law Can Assist You With Creating and Updating Your Estate Plan

Whether you need assistance creating an estate plan or updating your current one, our attorneys at Lonich Patton Ehrlich Policastri can help. We have extensive experience in estate planning and can work with you to ensure your estate plan covers all of life’s contingencies and reflects your wishes. Our lawyers can guide you on how to structure your plan to minimize taxes and provide your loved ones with peace of mind and financial security.

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

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Adoption: A Comprehensive Guide for Prospective Parents

March 14, 2024/in Family Law /by Gretchen Boger

Families come in all shapes and sizes. If you are planning to expand your family by becoming the parent of a child who is not biologically yours, you might be wondering how the adoption process works. This guide provides information about types of adoption, the steps you need to take, and where to get help. Adopting can be a complex and lengthy process, but having a better understanding of what’s involved can help you feel more prepared.

Types of Adoption

The most common types of adoption include:

Private – Birth parents often choose and work directly with the adoptive parents. Adoption agencies can help facilitate private adoptions.
Foster care – Some families choose to adopt through the foster care system. Usually, parents will become temporary foster parents first and then pursue formal adoption later. Children in the foster care system might be older.
Stepparent, kinship, or relative – Stepparents or close relatives such as grandparents, adult siblings, or aunts and uncles can legally adopt and assume parental responsibilities for a child.
International – When you adopt a child from a different country, you must adhere to the adoption laws of the child’s country of origin as well as U.S. adoption laws.

How the Adoption Process Works

While certain steps might be slightly different, depending on the type of adoption you pursue, in general, consider the following tips as you move forward.

Do some research – If you know families who have gone through the process, talk to them. Read books about adopting. Consider attending parenting classes. Get as much information as you can as early as you can.
Choose an adoption agency or professional facilitator – Although it might be tempting to pursue adoption more informally, it is in your best interests to work with an adoption agency, facilitator, or attorney to ensure that you understand your rights and the rights of the birth parents, as well as all relevant adopting laws.
Explore financial assistance – Adoption can be expensive, especially if international travel is involved. You can look into grants, loans, subsidies, the Federal Adoption Tax Credit, and even employer adoption benefits. Many prospective adoptive parents hold fundraisers (e.g., selling homemade goods with proceeds benefiting the adoption fund) to help them get started.
Participate in a home study – Your chosen adoption agency or facilitator will conduct a thorough investigation of your family home and lifestyle to ensure you are a good fit for a child. Background checks, home visits, financial assessments, and personal interviews may all be part of this lengthy process.

Once the above steps are complete, you will be matched with a child or a pregnant mother. The child will then be placed in your home, either in a foster-type relationship, or a more permanent pre-adoptive status. Periodically, a social worker will visit to monitor the transition for both you and the child. If all goes well, your adoption case will work through the family court system until it is finalized.

Talk to a Family Law Expert

The experienced family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) are well-equipped to guide you through the complex process of adoption. When it comes to drafting, reviewing, and filing legal documents; ensuring you understand the adoption laws in your state (or another country, in the case of international adoption); and representing you in family court (especially in contested adoptions), it helps to have a team on your side. Call us at 408-553-0801 for a free 30-minute consultation to discuss your case.

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

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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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