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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 a Father Have to Establish Paternity in California?
/in Family Law /by Riley PenningtonPaternity is the legal term used to name the father of a child. In California, paternity can be established in a number of ways. It is presumed that, if a husband is married to the child’s mother when a child is born, he is presumed to be the father.
In the eyes of the law, a child’s mother is always assumed to be the legal parent, regardless of whether or not she was married to the child’s father at the time of birth. As a result, a father who isn’t married to the child’s mother will need to take legal action in order to establish paternity and gain legal recognition as the child’s father.
If both parents agree on the identity of the father, they can sign a voluntary Declaration of Paternity form. This form must be signed in front of a witness and notarized. It can be completed at the hospital when the child is born or at any time after birth. Once the form is signed, it is legal proof of paternity and cannot be undone without a court order.
If the parents disagree on who the father is, paternity can be established through DNA testing. The mother, child, and alleged father must all submit to DNA testing, and if the results show that there is a more than 99% chance that the man tested is the child’s father, the court will legally recognize him as the legal parent. Once paternity is determined, the name of the father can be added to the child’s birth certificate, and he will be given legal rights and responsibilities.
A father can establish paternity up to three years after the child’s 18th birthday, but there are several advantages to doing it sooner.
Why a Father Would Want to Establish Paternity in California
There are many benefits to establishing paternity, both for children and parents. For a child, establishing paternity provides a sense of identity and belonging. In some cases, it can also help children to access medical information from their father’s side of the family. It also entitles the child to financial support from the father and inheritance rights if the father should pass away.
For the father, establishing paternity offers legal rights such as visitation, custody, and taking part in any decision-making regarding the child’s health, education, religious instruction, and activities. It allows the father and the child to bond and develop a legal relationship.
We Can Help You With Your Case
If you are considering establishing paternity, or if you have questions about it, please contact our office for a free consultation. We are ready to discuss your case with you and answer any questions you may have. Our lawyers at Lonich Patton Ehrlich Policastri specialize in family law and have helped families in San Jose and the greater Bay Area. We can help you navigate the process and ensure that your rights as a father are protected. Call us at 408-553-0801 or fill out our contact form today.
Estate Planning: When Should You Begin?
/in Estate Planning /by Michael LonichWhen should you begin starting your estate plan? The short answer is: if you’re reading this, it’s time. There are many misconceptions about the estate planning process and we are here to break it down so you don’t have to. While a portion of estate planning does refer to the management of any of your assets (including your house and retirement funds), that is not all an estate plan is for.
Estate plans can also be used to assign insurance beneficiaries, plan for funeral expenses, and establish guardianship over any living dependents. Keeping all of that in mind, it can be overwhelming to think about creating an estate plan. Making decisions for an estate plan is something that is easy to put off in favor of other, more pressing matters. However, an estate plan does not need to be created all at once and can easily be updated to reflect your priorities. Keep reading to discover when to begin estate planning and how to establish a timeline that is comfortable for you.
When to Begin Thinking About Your Estate Plan
The general rule for estate planning is “the earlier, the better.” Even if you do not consider yourself to have many assets, starting your estate plan as early as possible can save you time down the road. Assets to consider including in your estate plan at the start can be your bank account, any of your personal belongings, and a life insurance policy. Beginning your estate plan early makes it much easier to edit and add on to your estate plan as the nature of your assets change.
When to Make Changes
Estate plans cover vital information, so it makes sense that they can be changed to reflect your life situation. Significant life events, such as getting married, can be a great opportunity to reevaluate and update your estate plan. Updating your estate plan after having or adopting a child is also crucial. Estate plans include the ability to assign guardianship over dependents, allowing you to secure your child’s future. Buying property or switching jobs are also examples of events that are good triggers for estate plan evaluation. Major life events are not the only time you can update your estate plan, though. Making sure your plan is up to date prior to any large vacations or international travel is also a great idea. Evaluating and updating your estate plan frequently is an excellent way to make sure that all of your assets and loved ones are accounted for.
Estate plans are essential for ensuring that your decisions about your assets are known and respected. Estate plans are meant to be thorough and starting the process can feel daunting. At Lonich Patton Ehrlich Policastri, our experienced estate planning attorneys are here to guide you through creating an estate plan tailored to your needs. Call us at 408-553-0801 to get started today with a free consultation.
What Happens If I Don’t Do Estate Planning?
/in Estate Planning /by Michael LonichNo one likes to think about their mortality, but it is essential to plan for the future. It is tempting to put off creating your estate plan, but what happens if you wait too long?
Creating an estate plan is one of the most important things you can do for yourself and your loved ones. This document will dictate how your property is distributed after you die, and it can also provide instructions for health care decisions if you cannot make them yourself. If you don’t have an estate plan in place, it could lead to a lot of stress and confusion for your loved ones during a difficult time.
Elements of Estate Plans
An estate plan is a thorough a set of documents that may include a trust, Powers of Attorney, and advance directives. Each of these tools serves a different purpose, and they can all be customized to fit your unique needs.
A Power of Attorney (POA) can give someone the authority to make financial decisions on your behalf if you become incapacitated and an advance directive can outline your wishes for end-of-life care. Having a POA and an advance directive saves your loved ones from having to make critical decisions under stress.
Trusts are an effective way to plan ahead by letting another party (either a person or institution) manage assets for you. Establishing a trust can be more costly, but it is a way to ensure that your heirs will receive their inheritance without going through probate court. Probate is the legal process of transferring your assets to your heirs, and it can be both time-consuming and expensive.
You might be asking yourself, “Isn’t having a will enough?” While a will is an integral part of any estate plan, it is not the only component. A will only goes into effect after you die, and it can only address your assets that are subject to probate. In contrast, an estate plan can take effect while you are still alive, and it can cover all of your assets, including those that are not subject to probate.
How Do I Create an Estate Plan?
Creating a comprehensive estate plan requires more than just drafting a few documents. It involves taking a close look at your assets, liabilities, and family situation and then making strategic decisions about how to best protect your interests. Our experienced estate planning attorneys at Lonich Patton Ehrlich Policasti can help you identify and assess your unique needs and create a plan that fits those needs. We have years of experience making estate plans for people throughout San Jose and the greater Bay Area.
For a free consultation, fill out our contact form or call us at (408) 553-0801. No matter what your circumstances, we can help you create a plan that gives you peace of mind knowing that your loved ones will be taken care of after you’re gone.
5 Facts About Postnuptial Agreements
/in Family Law /by Riley PenningtonAlmost everyone has heard of prenuptial agreements signed before marriage to protect the couple’s individual assets in the event of the marriage ending in divorce. What you may not have heard of are postnuptial agreements.
What is a postnuptial agreement, and should you consider getting one?
Fact #1: Just like a prenup, a postnup outlines the responsibilities in the marriage, plus the division of assets and the assumption of debt if the marriage fails. However, a postnup is signed afterward instead of signing the agreement before the wedding.
Fact #2: Many couples sign postnups because of changing income or if one spouse inherits property. Some states consider inheritance to be community property. A postnup ensures the beneficiary receives sole possession of the bequest.
Fact #3: When couples get married, it’s hard to know where life’s road will take them. At the beginning of their life together, both may be working and earning equal income. But, at some point, children may come into the picture, and one parent decides to stay at home to raise them. A postnuptial agreement can ensure that the stay-at-home parent is provided for if the marriage fails.
Fact #4: A postnuptial can protect gifts. Some young couples looking to purchase a home may find they can’t afford the down payment. Many times, a parent will help to cover the cost. The house will likely become part of the settlement agreement if the couple divorces. A contract can protect the parent’s investment by stipulating the repayment of the gift if the couple divorces.
Fact #5: It can protect your children’s inheritance. Whether you have children from a previous marriage or your current marriage, a postnuptial agreement can outline the distribution of your assets in the event of death. You can ensure that your children will be provided for no matter what happens with your marriage.
Problems You May Encounter
Many problems can arise when one partner asks for a postnuptial agreement. Sometimes, the agreement can be seen as an indication that there are already problems in the marriage. This can lead to tension and resentment between the spouses.
Also, if the terms of the agreement are unfair, one spouse may be left with insufficient resources, and it may not hold up in court if it is deemed unfair or one-sided.
Opening the discussion may feel like a daunting task. Here are some tips for beginning the conversation:
You Don’t Have to Go It Alone
If you and your spouse are considering a postnuptial agreement, you will want to contact our experienced family law attorneys at Lonich Patton Ehrlich Policastri. We can help you understand the legal implications of it and assist you in negotiating an agreement that works for both of you. Call us at 408-553-0801 or fill out our contact form to schedule a free consultation.
Why Is Estate Planning Important?
/in Estate Planning /by Michael LonichOftentimes, estate planning can be misconstrued with needing to have a substantial amount of wealth – but that is not the case. Estate planning is a great way to make sure that your wishes are carried out regardless of your financial status. Protecting your assets and loved ones is essential in understanding the importance of estate planning and preserving your legacy.
Here are a few reasons why everyone, including you, should consider the importance of estate planning:
– It’s Not Just a Will
An estate plan is more than a will. While it is an avenue for people to understand how your assets should be handled, it is also much more than that. An estate plan can assist in helping your family understand what treatments you do, or don’t, want if you are unable to advocate for yourself. It is also a clear way to designate who should receive which of your monetary assets, including retirement accounts.
– It Saves Time and Money
Since the primary function of an estate plan is to provide instructions for beneficiaries, it can be hard to do so without one. If your estate plan does not exist, your assets can then be liable to distribution by the state. This can often involve the lengthy process of the state identifying your assets and then determining who they should belong to. Additionally, there are a lot of financial and tax rules that apply to assets once they no longer belong to you. Estate plans can help you navigate and understand taxes ahead of time so that the burden doesn’t fall on your loved ones. The only person who knows who your assets should go to is you. Making an estate plan saves those around you the mystery of what your wishes would be.
– It Protects Your Family
An estate plan allows you to have control, which means it can also help protect your family. Since estate plans provide a clear directive, it helps keep a lot of confusion away from your heirs. Reflecting on your assets and the people in your life that they should go to is a great way to keep things up to date. Without a directive, it can be difficult for those around you to understand what should go to who. Additionally, estate plans are a directive toward guardianship of children under the age of eighteen.
Get an Experienced Estate Planning Attorney on Your Side
While it can be difficult to think of the inevitable, by having an estate plan, you can feel confident that your wishes will be carried out. Estate plans put you in control, giving you the peace of mind that a decision has been made. LPEP law has helped hundreds of people like you to put things into perspective and understand the importance of estate planning. Our estate planning attorneys make the process as seamless as possible, guiding you every step of the way. When you’re ready, call us at 408-553-0801 to get started.