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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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How Long Does the Annulment Process Take?
/in Family Law /by Mitchell EhrlichUsually, when people think about dissolving a marriage, divorce is the first thing that comes to mind. In some cases, though, an annulment might be more appropriate. Unlike divorce, which legally ends a marriage, an annulment means the marriage was never valid in the first place. How long the annulment process takes will vary widely depending on whether your spouse agrees or objects as well as how complicated the case is, however, the following outline provides some general guidance.
Types of Annulment
When it comes to civil annulments (as opposed to religious annulments, which are handled through the Catholic church), you will have either an uncontested annulment or a contested annulment.
Uncontested Annulments
In an uncontested annulment, both parties agree to the annulment, and there are no disputed issues related to grounds for filing, assets, or child custody. Usually, a judge will simply review the request, and you might also be required to attend a hearing. An uncontested civil annulment can take anywhere from a few weeks to several months, depending on the case workload of the family court involved.
Contested Annulments
Contested annulments, on the other hand, generally take longer (i.e., 6 months to over a year), depending on the reason your spouse contests the annulment. For instance, if you allege fraud or coercion as the grounds for the annulment, you will need to provide evidence to the court.
The Annulment Process
First, you need to make sure that your marriage qualifies for an annulment. Although each state has specific legal grounds for annulments, common grounds include:
File a Petition and Notify Your Spouse
If you qualify for an annulment in your state, your next step would be to file a petition for annulment in the family court in your jurisdiction. Most states require you to notify your spouse that you have begun the annulment process. They generally have 30 days to respond by either agreeing or contesting.
Gather Documents and Evidence
Before you attend a hearing with a judge, you will need to gather relevant documents like your marriage certificate and identification. You will also likely need to provide evidence to support your reason for requesting the annulment such as texts, photographs, emails, expert witness statements, medical documentation, etc.
Attend Court Hearings
For uncontested annulments, there will likely only be one, short hearing, or the judge may sign the petition without a hearing. For contested annulments, you might be required to attend several hearings. Both sides will present evidence, and the judge will review the case and decide whether the grounds have been proven or not.
If the judge approves, you will receive a Decree of Annulment, which legally voids your marriage as if it never existed.
Get Help With the Annulment Process
Even for uncontested annulments, it’s a good idea to work with a family law attorney who is familiar with annulments in your state to make sure the process goes smoothly. The family law group at Lonich Patton Ehrlich Policastri has decades of experience helping couples through the annulment process. Schedule a free consultation today to discuss your case with us to find out how we can best represent you and your interests.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Estate Planning for Families with Special Needs Children: Securing Their Future
/in Estate Planning /by Michael LonichRaising a child with special needs brings both joys and challenges. Among them is making sure your child is financially and legally protected for the long term. Thoughtful estate planning can give you peace of mind knowing your loved one will be cared for, both now and in the future.
In this article, we’ll explore how families in San Jose (and throughout California) can create a plan that ensures security and stability for their child with special needs.
Why Estate Planning Matters for Families with Special Needs Children
Every parent wants to protect their child, but for families with special needs, traditional estate planning isn’t enough. A well-meaning inheritance can actually cause problems if it’s not structured correctly.
For example, if your child receives government benefits such as Supplemental Security Income (SSI) or Medi-Cal, a direct inheritance could make them ineligible for that support. Estate planning helps you provide financial resources without jeopardizing benefits that may be crucial to their care.
Key Tools to Include in Your Special Needs Estate Plan
Special Needs Trust (SNT)
A Special Needs Trust is one of the most effective tools for protecting your child’s future. It allows you (or other loved ones) to leave money for your child’s benefit, while keeping them eligible for essential public benefits.
The funds in the trust can be used for things like education, transportation, therapies, or recreation, improving your child’s quality of life without disqualifying them from government programs.
Guardianship or Conservatorship for Children with Special Needs
As your child reaches adulthood, you may need to establish legal authority to continue making important decisions for them. Depending on your child’s needs, this might mean setting up a guardianship or conservatorship. Planning ahead ensures continuity of care and decision-making when your child turns 18.
Letter of Intent
While not a legal document, a Letter of Intent is an invaluable part of your plan. It shares personal details about your child’s daily routines, preferences, and care instructions, helping future caregivers understand your child’s needs, personality, and what makes them happy.
Choosing the Right Trustee
Selecting a trustee to manage your child’s Special Needs Trust is a big decision. You’ll want someone who’s financially responsible, trustworthy, and compassionate. Some families choose a professional or corporate trustee to ensure expertise and impartiality.
Planning Early Means Greater Peace of Mind
Estate planning can feel overwhelming, but starting early allows you to make thoughtful, informed decisions. It also means your plan can evolve as your child’s needs change over time.
Whether you’re just beginning to think about the future or ready to formalize your plan, working with an experienced estate planning attorney can make all the difference.
Secure Your Child’s Future Today
At Lonich Patton Ehrlich Policastri, we understand that every family’s situation is unique, especially when caring for a loved one with special needs. Our San Jose estate planning attorneys can help you design a comprehensive plan that protects your child, preserves benefits, and brings lasting peace of mind.
Contact us today to schedule your free consultation and take the first step toward securing your family’s future.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Addressing Elder Abuse Through Legal Measures: Protecting Vulnerable Family Members
/in Family Law /by Virginia LivelyIt’s a sad fact of life that the very people who loved and protected you when you were most vulnerable eventually become vulnerable themselves. Protecting them from elder abuse becomes your responsibility.
Unscrupulous people look to take advantage of older adults. Scammers, caregivers, and even family members use deception, undue influence, and theft to deprive senior citizens of their hard-earned assets, leaving them afraid, alone, and destitute.
The good news is that there are several strong legal tools that you can use to help protect your loved ones and ensure their financial security during their golden years.
Create a Durable Power of Attorney
Appoint someone trustworthy as a Durable Power of Attorney (POA). A POA gives them the legal authority to manage your loved one’s financial matters if they become incapacitated.
To ensure transparency and prevent misuse, consider requiring regular financial reports or appointing co-agents.
Use Direct Deposit and Automatic Payments
Consider setting up direct deposit for Social Security or other checks and automatic bill pay. These actions can protect a senior citizen from theft, lost mail, or some other interference.
Even small steps can reduce others’ opportunities to tamper with your loved one’s financial affairs.
Set Up a Revocable Living Trust
A revocable living trust is another tool to protect vulnerable family members from abuse. Your loved one will still have control over their assets with a safety net in place if they can no longer manage their finances. A successor trustee or co-trustees can step in if needed.
A trust serves a dual purpose. Not only does it add oversight, but it also helps the family avoid probate, a public legal process that can provide an opportunity for exploitation.
Be Cautious with Joint Bank Accounts
Joint bank accounts can be convenient, but they also expose an older adult’s assets to abuse. Funds in a joint account legally belong to both parties so that either owner can withdraw them without the other’s permission.
A better option is convenience accounts, where a helper can write checks and assist with transactions, but does not own the funds.
A Conservatorship May Be Necessary
If your elderly loved one is being financially exploited or can no longer make sound decisions, you may need to petition the court for a conservatorship. A court-appointed conservator is given legal control over the older adult’s finances. The court will supervise the conservator, which adds an additional layer of protection.
It’s important to note that petitioning for a conservatorship is a serious step and should only be used when other options are insufficient.
Ensure Estate Planning Documents are Current
An up-to-date estate plan should include a will, trust, and powers of attorney. These legal documents clearly identify who is authorized to manage your older loved one’s financial and health decisions.
Review these documents regularly and keep them in a safe place. Remove anyone who does not serve your loved one’s best interest to reduce the risk of exploitation.
Work with LPEP Law to Keep Your Loved One Safe
Our knowledgeable attorneys at Lonich Patton Ehrlich Policastri can help you create the legal documents you need to protect your vulnerable family members from abuse. We can also assist you with petitioning for conservatorship if necessary.
Contact us at (408) 553-0801 to schedule your free consultation. With our help, you can rest assured that your elderly family member’s assets and dignity will be protected.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Estate Planning for Domestic Partnerships
/in Estate Planning /by Michael LonichCommitted relationships can take different forms. Whether it’s a marriage or a domestic partnership, the couple intends to spend their lives together.
However, the law sees relationships in terms of legal responsibilities and protections. There are key differences between marriage and domestic partnership that can affect your rights if one partner becomes incapacitated or passes away. Ensuring that your partner is legally protected and your wishes are honored requires careful estate planning.
Understanding Domestic Partnership Rights
To be recognized as domestic partners, a couple must complete a Declaration of Domestic Partnership with California’s Secretary of State. To register, both parties must be unencumbered by marriage or another domestic partnership and capable of consent.
Registered domestic partners have many of the same rights as legally married spouses, including community property rules, health insurance coverage, and inheritance rights. Domestic partners can also make financial and medical decisions for each other in some circumstances. Still, these protections aren’t necessarily automatic, and without clear legal documents in place, you risk family members or the state controlling your health, finances, and estate.
Domestic Partners Need a Strong Estate Plan
While domestic partners have several rights under California law, those rights can be challenged. While you may intend for all of your assets to transfer to your partner, there is the risk of complications. There may be a disagreement within the family, or the laws may change. An estate plan provides clarity and reduces the risk of conflict.
With an estate plan, you can ensure that your partner inherits the assets as you intended. Furthermore, you can appoint the person you want to make all the financial and medical decisions if you become incapacitated
Essential Estate Planning Documents
An estate plan should be crafted to fit your objectives, but certain components should be included in a comprehensive plan.
1. Last Will and Testament
Your will allows you to name who will inherit your assets and name an executor to oversee the settling of your estate. If you have minor children, you can name who you want to be their legal guardian if you were to pass away.
Without a will, your property will be distributed according to California’s intestacy laws, which may not align with your wishes.
2. Power of Attorney
This legal document grants your partner the authority to handle your financial matters on your behalf if you can’t do so yourself.
3. Advance Directives
An advance directive authorizes your partner to make medical decisions for you if you are incapacitated. You can also state your wishes for end-of-life care, such as “Do Not Resuscitate” or “Do Not Intubate” orders.
4. Beneficiary Designations
Life insurance policies, pensions, and retirement plans allow you to name beneficiaries to receive the proceeds if you die.
5. Living Trust
By placing your assets in a living trust, they can avoid probate and transfer directly to your partner.
Unique Concerns for Domestic Partners
While California recognizes registered domestic partners, the United States government does not. This could impact federal benefits and certain tax advantages, which makes careful planning even more essential.
Let LPEP Law Help with your Estate Plan
A well-drafted estate plan tailored to your domestic partnership can ensure your loved one is protected and your wishes are honored. Our attorneys at Lonich Patton Ehrlich Policastri are estate planning experts and can help you navigate the process.
Contact us at (408) 553-0801 to schedule your free consultation. You will have peace of mind knowing that everything is legally compliant.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Climate Change and Family Law: Relocation Disputes Due to Environmental Factors
/in Family Law /by Gretchen BogerRelocation and custody disputes are nothing new. Family courts have been adjudicating these types of cases for years. Parents need (or want) to move for a variety of reasons such as pursuing new job opportunities or wanting to be closer to their family. But what happens if the relocation request is due to environmental factors stemming from climate change?
Climate change is no longer relegated to melting ice caps far away and air pollution in big cities. Extreme weather events, flooding, wildfires, and heat waves, among other things, are affecting more and more families, forcing parents to make life-altering decisions about how to deal with evacuations, where to live, and how to keep their children healthy and safe.
If one parent wants to move to another city or even another country to escape the effects of climate change but the other wants to stay, they should first try to reach a mutual agreement to revise their child custody agreement. However, if they cannot agree, the parent who wants to move will likely need to file a relocation or move-away case in family court.
Factors the Court Considers
In most relocation disputes, a judge will consider several factors, including:
How Climate Change Affects Relocation Disputes
Relocation due to environmental factors is not a preference but a matter of survival for some parents. For instance, California residents struggling in the wake of wildfires or families living in coastal areas that are being threatened by sea-level rise might feel like environmental risks outweigh the benefits of their current living situation. Safety and stability for their family, rather than a lifestyle choice or convenience, is at the root of these types of climate-driven relocation decisions.
Legal Questions to Be Answered
If the relocation and custody dispute ends up in family court, judges will likely need to answer some difficult legal questions. How real is the risk? When does a move actually become necessary as opposed to preferred? What if one parent can’t move away from the area of concern? Does that mean the child will not maintain contact with that parent? As with other relocation disputes, the court will always prioritize the best interests of the child; however, in cases where climate change is the driving factor, lawmakers will likely need to present scientific evidence such as climate risk assessments.
Get Help With Your Relocation and Custody Dispute
Are you considering a relocation due to environmental factors such as the threat of natural disasters, storms, pollution, or flooding and having trouble agreeing on changes to your custody agreement? Don’t hesitate to put your family’s health, safety, and security first. Schedule a free consultation with the family law experts at Lonich Patton Ehrlich Policastri (LPEP Law). We have years of experience in helping parents navigate difficult child custody issues. Get the help you need with your relocation and custody dispute today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.