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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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Navigating the Legalities of Online Estate Planning: The Rise of Digital Wills
/in Estate Planning /by Michael LonichEstate planning used to be about deciding who got the house and inheritance money, choosing a guardian for our children, and making sure our final wishes were respected. As more of our business, our assets, and our lives moves online, however, it’s changing the way we have to think about estate planning. Digital wills and online estate planning have grown in importance over the past several years, so we’ve put together the guide below to help you better navigate this new reality.
What is a Digital Will?
Like a traditional will, a digital will is a legal document outlining how you would like your assets managed after your death. Unlike a traditional will, however, a digital will deals solely with your digital assets or estate and your online presence. You might choose to have your executor close and archive these accounts, transfer information to family members or others, preserve certain files, create a legacy account or website, or delete information.
Who Needs a Digital Will?
The short answer is that anyone who has digital assets, maintains an online presence through social media accounts, or conducts business online should have a digital will. Digital assets include cryptocurrency and nonfungible tokens, but can also include things in digital form that have value like books, photographs, animations, videos, email accounts, logos, gaming accounts, etc.
What To Include in a Digital Will
Being as thorough as possible when you identify digital assets and accounts that need to be managed after your death is essential. Consider including the following:
Appoint a Digital Executor
Choose someone you trust to handle your digital assets. They should be familiar with your online presence and also have access to passwords and login information.
Inventory of Digital Assets
List all your online accounts (email, social media, financial services like PayPal, gaming, subscription services, etc.) along with login information. Investing in software that serves as a password manager that safely stores all of this information might be a good idea. If you have cloud storage services for videos, documents, or photos, include this information as well. For cryptocurrency or digital wallets, include instructions for accessing these accounts.
Instructions for Digital Property and Online Presence
What do you want to happen to your personal media like photos and videos, websites, blogs, digital content, domain names or logos, or online businesses? Should some media be deleted or transferred? If you sell goods online (e.g., Etsy, Amazon) note how you want your business to be handled.
For your social media accounts, you can have them deleted, memorialized, or actively managed by a designated executor. Email accounts can be archived, deleted, or transferred to someone else. If you have other messaging platforms like WhatsApp, be sure to indicate what you want to happen with these accounts as well.
Get Help With Your Digital Will
It’s always a good idea to consult with an estate planning attorney to make sure your digital will complies with state laws. In addition, some online services specifically include terms of service that address what happens to accounts after death, so be sure to consider those as well.
Schedule a free consultation with the Estate Planning Group at Lonich Patton Ehrlich Policastri to go over all your estate planning needs, including drafting your digital will.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Remote Work and Parenting Plans: How Virtual Employment is Changing Custody Agreements
/in Family Law /by Gina PolicastriThe shift to remote work has changed many aspects of daily life, including child custody agreements. For divorced or separated parents, virtual employment provides new opportunities for flexible parenting plans, but also introduces unique challenges. Let’s take a look at how custody agreements have changed in the era of remote and hybrid work.
Increased Flexibility for Parenting Time
One of the biggest advantages of remote work is flexibility. Parents who work from home often have more control over their schedules, allowing them to be more involved in their child’s daily routine. This can mean:
For some families, this flexibility allows for co-parenting arrangements that would not have been possible with a traditional in-office job.
Modifying Existing Custody Agreements Due to Remote Work
If one or both parents now work remotely, they may need to modify their custody agreement to reflect this change. Some factors that courts consider when modifying agreements include:
California courts prioritize the best interests of the child when reviewing custody modifications. If remote work enables a parent to take on more parenting responsibilities, they may have a stronger case for increased custody time.
Challenges of Remote Work and Co-Parenting
While remote work can offer flexibility, it also presents challenges for co-parenting.
Disruptions During Work Hours
Working from home does not always mean a parent is available to care for their child. Video meetings, deadlines, and work commitments can make it difficult to balance parenting duties. If one parent argues that the other is not able to provide full supervision during work hours, this could lead to disputes over custody arrangements.
Relocation and Virtual Visitation in Custody Agreements
Remote work allows some parents to move to new cities or states while keeping their jobs. If a parent wants to relocate, the custody agreement may need to be revised to account for:
California law requires parents to seek court approval for major relocations that impact custody arrangements. The court will consider whether the move is in the best interest of the child and how it affects the co-parenting relationship.
Contact Us for Legal Guidance on Custody Modifications
If you are a parent navigating custody changes due to remote work, our family law attorneys can help. An LPEP lawyer can:
As remote work continues to shape family life, we understand that custody agreements must adapt to meet the needs of both parents and children. If you have questions about custody modifications or need to make changes to your current arrangement, contact LPEP to schedule a free consultation with one of our family law experts.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Why Is It Important to Have a Family Lawyer?
/in Family Law /by Virginia LivelyFamily matters can be complex, emotional, and legally challenging. Whether you’re going through a divorce, dealing with child custody issues, or planning your estate, having a family lawyer can make a significant difference. A knowledgeable legal professional ensures your rights are protected and helps you navigate difficult situations with clarity and confidence.
Why You Need a Family Lawyer
A family lawyer specializes in legal issues related to family relationships. They handle cases such as divorce, child custody, alimony, adoption, and estate planning. Their expertise ensures that you understand your rights and responsibilities while providing legal strategies tailored to your situation.
1. Legal Expertise in Family Matters
Family law is a specialized field that involves various legal procedures and regulations. A family lawyer:
Without legal guidance, you might make mistakes that could impact your future and that of your loved ones.
2. Family Lawyers for Divorce and Separation
Divorce can be emotionally draining and legally complicated. A family lawyer can:
Having legal representation ensures that your rights and interests are protected during this life-changing process.
3. Child Custody and Support
When children are involved, custody and support become critical issues. A family lawyer will:
Their expertise can help minimize conflict and create a stable environment for your child.
4. Adoption and Guardianship with Family Lawyers
Adopting a child is a joyful occasion but involves many legal procedures. A family lawyer can:
Similarly, in cases where guardianship is needed, a lawyer ensures that the process is legally sound and beneficial for the child.
5. Estate Planning and Wills
Planning for the future is essential to protect your family. A family lawyer can assist with:
Proper estate planning prevents confusion and potential conflicts among family members.
6. Domestic Violence and Protection Orders
If you’re facing domestic violence, a family lawyer can help by:
Having legal support is crucial in these difficult situations.
Set Up Your Family Law Consultation Today With LPEP
The Family Law team at Lonich Patton Ehrlich Policastri is among the most established family law practices in the Bay Area. Whether you are facing a divorce, custody battle, adoption, or estate planning, having a trusted legal professional by your side ensures that you navigate these challenges with the best possible outcome.
Contact LPEP today to set up your free family law consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Top 5 Common Estate Planning Mistakes to Avoid
/in Estate Planning /by Michael LonichIf you’re younger than 50, you might not have given much thought to estate planning yet. However, estate planning is an important process that helps you protect and provide for your family. To help you get started, we’ve put together a list of the top five common mistakes to avoid in estate planning.
Mistake #1: Avoiding it Altogether
Thinking about being unable to care for your family is not a pleasant topic, which is why many people postpone or even completely avoid estate planning until it’s too late. Others think the process is too complicated, or that only people with a lot of assets need a will or trust. No matter the size of your estate, estate planning is beneficial.
A detailed estate plan gives you control over the distribution of your assets (including sentimental items and heirlooms) to your chosen beneficiaries but also helps you manage them during your life. If you have minor children, you can help protect their future by selecting an appropriate guardian. Estate planning can even protect your assets in cases of divorce or bankruptcy.
Without a will or trust, all these issues and more will be left up to the courts.
Mistake #2: Not Updating Your Estate Plan
If you’ve already made an estate plan, you might feel like you’re ahead of the game. Don’t forget to update it after certain life changes (e.g., marriage, divorce, birth of children, starting a business, etc.) though. Neglecting revisions to your plan can result in outdated provisions or even failure to comply with current laws, which could render the plan worthless. Experts suggest revisiting your estate plan every three years, as well as after major life events.
Mistake #3: Failing to Consider Tax Implications
Estate, gift, and income taxes can all impact the value of your estate (both during your lifetime and after your death). Estate planning experts can help you structure your plan to minimize these taxes as much as possible. In some cases, setting up a trust can be a good option.
Mistake #4: Choosing the Wrong Executor or Trustee
When thinking about who you want to carry out your wishes based on your will (executor) or manage your trust (trustee), you don’t have to automatically choose a family member. Consider whether the person is trustworthy, has the ability to handle the responsibilities, is in good health, and is willing to serve in this capacity.
Mistake #5: Not Planning for Incapacity
Estate planning is not just about end-of-life planning. It’s also important to have a plan in place in the event you become incapacitated and cannot make decisions for yourself. Two valuable tools include setting up a power of attorney and a living will that outline your wishes when it comes to medical and financial decisions made on your behalf if you’re unable to manage your own affairs.
Get Estate Planning Help from Experts
The estate planning group at Lonich Patton Ehrlich Policastri offers a full range of estate planning services and has years of experience in helping clients avoid common mistakes like the ones above. Schedule a free consultation to get started on securing your future today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How Can an Order of Protection be Reversed in California?
/in Family Law /by Mitchell EhrlichProtective orders can be requested by a police officer (Emergency Protective Order), a judge (Criminal Protective Order), a victim of domestic abuse, stalking, harassment, etc. (restraining order), or in some cases of divorce to protect assets (Automatic Temporary Restraining Order). If you have an order of protection against you in the state of California, you have the option to request modifications or dissolution to that order if you so choose. Usually, you will need to present evidence in court to support your request. The following guide outlines the steps you need to take.
File a Request to Modify or Dissolve
If you want to change any of the terms of an existing order of protection (e.g., modifying parental visitation rights) or if you want the court to dissolve or dismiss the order completely, you would file a request with the court. Once you have filed your request, the court will schedule a hearing to provide you the opportunity to present evidence to support your request.
Provide Supporting Evidence
As with any other court case, you will need to gather and provide evidence supporting the need for a modification or dismissal of your order of protection. Witness statements, financial documents, texts, emails, doctor’s notes, etc. can all be used to show that circumstances have changed and the relationship has improved to the point where protection is no longer needed.
Attend the Hearing
It is very important to attend the hearing and provide your evidence to the judge in person. Both sides involved in the order of protection should be present. Based on the evidence, the judge will:
If your request is denied, you may choose to appeal the decision, however, the appeals process can be complicated, time-consuming, and expensive.
Other Considerations
The family court will always prioritize the safety of the protected party when considering a request to modify or reverse an order of protection. Orders of protection only remain valid for a set amount of time (as little as a few weeks to as much as five years), but the protected party can request that the order of protection be extended as necessary. On the other hand, in some cases, the court might agree to end or modify the order earlier than the stated time frame, if the evidence supports it.
Consult With Family Law Experts for Help
Family law can be complicated, but you don’t have to do it alone. If you are considering requesting a change to, or reversal of, a current order or protection, get a free consultation from the family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law). We have decades of experience helping our clients navigate the California family law court system, including working with restraining orders of all kinds. Let us help protect your rights.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.