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beneficiary word in a dictionary with colored arrows pointing at the word. designating a Beneficiary
Michael Lonich

What to consider when designating a Beneficiary

July 13, 2023/in Estate Planning /by Michael Lonich

When it comes to financial planning, ensuring the smooth transfer of assets and wealth to your loved ones after your passing is crucial. One way to accomplish this is by designating a beneficiary for your various accounts and assets. Although it may seem simple, this task holds significant importance and requires careful thought and consideration.

In this article, we’ll explore the things to keep in mind when designating a beneficiary. We’ll discuss the significance of thoughtful planning, the legal and financial implications, and how to navigate potential complexities that may arise as you designate your beneficiary. 

What is a Beneficiary?

A beneficiary is an individual or entity designated to receive the assets or benefits of a particular account, policy, trust, or estate upon the death of the account holder, policyholder, or grantor. The designation of a beneficiary ensures that the assets are transferred according to the wishes of the account holder or grantor.

Beneficiaries can be named for various types of accounts and assets, including retirement accounts, life insurance policies, investment accounts, bank accounts, real estate properties, and trusts. The process of designating a beneficiary involves specifying who will inherit or receive the proceeds or assets associated with these accounts or policies.

Why is it Important to Choose a Beneficiary?

The designation of a beneficiary ensures that your assets and benefits are distributed according to your wishes. Choosing your beneficiary is a very important decision to make, for several reasons: 

  • You retain control over who will receive your assets upon your passing
  • It may bypass the probate process for your assets, which can be slow and costly
  • It minimizes potential conflicts among family members or other potential claimants
  • It lets you provide financial security and support for your loved ones
  • If desired, you can contribute to a charitable legacy to leave a positive impact on society

Selecting a beneficiary is crucial in ensuring that your assets and benefits are distributed according to your wishes.

What to Consider when Designating a Beneficiary

Choosing a beneficiary isn’t a decision that can be made lightly. Here are a few things to keep in mind as you work towards designating your beneficiary: 

  • Carefully consider your financial goals and the needs of your loved ones
  • Have open and honest conversations about your intentions for beneficiary designations
  • Review your will, trust, and other relevant documents to ensure consistency
  • Familiarize yourself with the legal implications of beneficiary designations
  • Consult with legal professionals to ensure compliance and minimize potential challenges
  • In addition to primary beneficiaries, designate contingent (secondary) beneficiaries
  • Regularly review and update your beneficiary designations to reflect any life changes
  • Become familiar with the tax implications associated with beneficiary designations

As you can see, there’s a lot to think about when it comes to choosing your beneficiary. That’s why it’s always best to discuss your personal scenario with legal experts who can guide you in the right direction. 

Seek Professional Consultations Before Designating Your Beneficiary

The estate law attorneys at Lonich Patton Ehrlich Policastri have decades of experience in designating beneficiaries for accounts, assets, policies, and trusts. A consultation with an experienced lawyer can give you the peace of mind that your affairs are in order, on your terms. 

Call LPEP today on 408-553-0801 or complete this form for a free, 30-minute 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/2023/07/bigstock-Beneficiary-Word-In-A-Dictiona-428308049.jpg 571 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2023-07-13 22:04:552023-07-13 22:04:55What to consider when designating a Beneficiary
Superhero Guardian and child against a dramatic blue sky background with copy space. Concept photo of super hero girl power play pretend childhood imagination. Guardian For My Child
Michael Lonich

How Do I Appoint a Guardian For My Child If I Die?

July 6, 2023/in Estate Planning /by Michael Lonich

As a parent, ensuring the well-being, safety, and future of your child is one of your biggest concerns. Although it can be an uncomfortable subject to think about, it’s very important to plan for unforeseen circumstances and make sure that your children are taken care of in the event of your untimely demise. 

Appointing a guardian for your child is a vital aspect of comprehensive estate planning, offering peace of mind and a sense of security. The process of appointing a guardian involves careful consideration and legal procedures. In this article, we’ll take a look at how to appoint a guardian for your child to give yourself the peace of mind that their future is in safe hands.

What is a legal guardian?

A legal guardian is someone who is entrusted with the responsibility of caring for and making decisions on behalf of a minor in the absence of their parents or when the parents are unable to fulfill their parental duties. 

A legal guardian assumes all the rights and responsibilities typically held by a parent, including making decisions about the child’s healthcare, education, religious upbringing, and general welfare. They act as a surrogate caregiver, stepping into the parental role to ensure that the child’s best interests are prioritized and protected.

How to choose a legal guardian for your child

Choosing a legal guardian for your child is a weighty decision that requires thoughtful consideration. Here are some key steps to help guide you through the process:

  1. Assess your values and parenting priorities: Understanding your own priorities will help you identify a guardian who aligns with your vision for your child’s upbringing.
  2. Consider your child’s best interests: Consider their relationship with potential guardians and evaluate how well the guardian would be able to care for your child. 
  3. Evaluate the potential guardian’s qualities: Look for individuals with a genuine love for your child. Can they provide a stable and nurturing environment? 
  4. Seek legal advice: An attorney specializing in estate planning and family law can help you draft a testamentary guardian designation or include the appointment in your will.
  5. Remember that circumstances change over time: Regularly review your choice of guardian and make updates as needed. 

Choosing a legal guardian for your child is a deeply personal decision. Take the time to carefully evaluate potential candidates, seek advice when needed, and communicate your intentions clearly with both the chosen guardian and other relevant family members. 

How to appoint a guardian in case of death

The first step in appointing a guardian is to draft a testamentary guardian designation. Work with an attorney to prepare a legally binding document that clearly states your choice of guardian. This document, often referred to as a testamentary guardian designation, will outline your wishes regarding the care and custody of your child in the event of your death.

From the initial consultation to drafting legal documents and providing ongoing assistance, the law attorneys at Lonich Polich Ehrlich Policastri we aim to make the process as smooth and stress-free as possible. We will work closely with you to ensure that your child’s future is secured and that their well-being is prioritized.

Contact LPEP today at 408-553-0801 for a free, 30-minute 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/2023/06/bigstock-Superhero-Mother-And-Child-G-78730862.jpg 596 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2023-07-06 09:00:402023-07-20 18:18:14How Do I Appoint a Guardian For My Child If I Die?
Lonich Patton Ehrlich Policastri

2023 Northern California Super Lawyers Rising Stars Awards

June 30, 2023/in Firm News /by Lonich Patton Ehrlich Policastri

Riley Pennington and Bethany Brass were recently recognized with the 2023 Northern California Super Lawyers Rising Stars Award.

We’re honored to have some of the most recognized family lawyers on our team. Thank you to our partners & peers for your nominations and congratulations to everyone being recognized this year!

 

 

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Lonich Patton Ehrlich Policastri2023-06-30 21:18:132023-10-02 16:09:202023 Northern California Super Lawyers Rising Stars Awards
Child support of alimoney. Divorce concept. Alimoney payment. qualify for spousal support
Virginia Lively

Do You Qualify for Spousal Support?

June 22, 2023/in Family Law /by Virginia Lively

Going through a divorce is an emotional and stressful process for any couple. One of the most contentious issues that can arise is spousal support. Whether you are seeking support or may be required to pay it, it is important to understand your rights and obligations. In this article, we will discuss what spousal support is and who may be eligible to receive it.

What is Spousal Support?

Spousal support, also known as alimony or maintenance, is a payment made from one spouse to the other after a divorce or separation. The purpose of spousal support is to help the recipient spouse maintain their standard of living, which they may have become accustomed to during the marriage. 

The amount and duration of spousal support are at the discretion of the judge and depends on several factors, including the length of the marriage, the income and earning potential of both spouses, and the needs of the recipient spouse. 

Do You Qualify for Spousal Support?

In general, spousal support is awarded to the spouse who has a lower income and needs financial assistance to maintain their standard of living. However, each case is unique, and there is no one-size-fits-all answer to this question.

To determine if you qualify for spousal support, a court will consider several factors, including:

  • The length of your marriage, with longer marriages more likely to result in spousal support awards
  • The income and earning potential of both spouses, as well as any disparity between them
  • The recipient spouse’s financial needs, including their expenses and ability to support themselves
  • The lifestyle and standard of living during the marriage, to try to ensure that it is maintained

The court may also consider other factors, such as the health and age of both spouses and any other relevant circumstances.

Do You Need a Lawyer for Spousal Support?

When facing spousal support issues, having an experienced attorney by your side can be a valuable asset. Your attorney can act as your advocate, presenting a strong case on your behalf and explaining how you will benefit from receiving spousal support. They can highlight key factors such as your current income situation, your history of financial dependence on your partner, and your future plans to make a compelling case for spousal support.

Your attorney can also argue against having to pay spousal support if it is not warranted. They can use their legal expertise and knowledge of family law to protect your interests and ensure that any decision made by the court is fair and just. Some lawyers even have access to a network of resources that can help strengthen your spousal support case, including forensic accountants, real estate appraisers, medical professionals, and more. 

Contact LPEP Law for Assistance with Spousal Support

At Lonich Polich Ehrlich Policastri, we have extensive experience in spousal support matters in California, and assess each of our client’s marital and financial situations according to California guidelines. With decades of experience handling complex matters of family law, we know what problems arise and how to manage them.

If you have any questions about spousal support or want to discuss your case with our legal experts, contact our office for a free 30-minute consultation. Call LPEP Law on 408-553-0801 or contact us here.

 

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/2023/06/bigstock-Child-Support-Of-Alimoney-Div-347163832.jpg 600 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2023-06-22 20:34:182023-06-22 20:34:18Do You Qualify for Spousal Support?
American lawyer sits in a law firm, female lawyer holding a contract document. Power of attorney in property management
Michael Lonich

What is a Power of Attorney for Property Management?

June 15, 2023/in Estate Planning /by Michael Lonich

As we age, it becomes increasingly important to plan for the future and ensure that our finances and property are managed according to our wishes. One tool that can help with this is a power of attorney for property management. 

Today, we’ll explore what a power of attorney is and why you may need one for property management. Whether you’re planning for your own future or helping a loved one with their estate planning, understanding the role of a power of attorney can be a valuable asset. 

What is a Power of Attorney? 

A power of attorney (POA) is a legal document that grants authority to another person, known as an agent or attorney-in-fact, to act on your behalf. A power of attorney can be used for a variety of purposes, including managing your finances, making medical decisions, or handling legal matters. 

A power of attorney for property management is a specific type of POA that gives someone the authority to manage your property and financial affairs. In a POA for property management, you can specify the scope of the agent’s authority. For example, you may give your agent the power to pay your bills, manage your bank accounts, sell your property, or make investment decisions. 

You can also include limitations on your agent’s authority or specify when the POA will take effect.

Why Do You Need a Power of Attorney for Property Management?

Property management can often be a complex process, and knowing when you need a POA isn’t always straightforward. Let’s look at some examples of when a POA for property management is most valuable.

Firstly, if you become incapacitated or disabled due to illness or injury, a POA for property management can ensure that your finances are still taken care of. Without a POA, your loved ones may need to go through a costly and time-consuming court process to have a guardian or conservator appointed to manage your affairs. 

Also, if you plan to travel for an extended period, a POA can give someone you trust the authority to manage your property while you’re away. A POA for property management can also be a convenient way to manage your finances. For example, if you have difficulty managing your finances or prefer to delegate those tasks to someone else, a POA can be a helpful tool.

If you own a business, you can use a power of attorney for property management to give someone the authority to make financial decisions on behalf of the business. This can be especially important if you become incapacitated or need to travel and cannot manage the business yourself.

How Can LPEP Help You?

Is a POA for property management right for you? Because of the legal intricacies involved in a POA, it is important to talk to a legal professional as the first step. At Lonich Polich Ehrlich Policastri, our attorneys can draft a power of attorney for property management which fits your individual needs both now and in the future. 

To get started, call our office on 408-553-0801 or contact us here to set up a free, 30-minute 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/2023/06/bigstock-American-Lawyer-Sits-In-A-Law-469461247.jpg 600 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2023-06-15 17:58:122023-06-15 17:58:12What is a Power of Attorney for Property Management?
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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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