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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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Can I Have an Annulment if my Spouse is Deceased?
/in Family Law /by Gretchen BogerMost people think about divorce as the ending of a marriage, but under certain circumstances, an annulment is more appropriate. Legally, an annulment nullifies a marriage so that it’s as if it never occurred.
If your spouse has died, and you are dealing with inheritance issues, spousal debts, or other issues related to you or your spouse’s estate you might be wondering if an annulment, rather than a divorce, could be an option.
The short answer is that when your spouse dies, the marriage is legally ended by their death, so an annulment is not usually an option since that process applies while both parties are alive. However, if an annulment is necessary to protect the rights and the best interests of heirs, family members can sometimes pursue an annulment if certain conditions are true and provable.
What circumstances precipitate an annulment?
Legal Reasons for Annulments
There are several legal reasons for which a judge would grant an annulment of a marriage. In California, for example, a family court judge would grant an annulment in cases of:
Declaration of Invalidity
In lieu of an annulment, you might be able to seek a declaration of invalidity through the family court system, which is similar to an annulment, to try to challenge or clarify the legal status of the marriage. You would need to present significant evidence that the marriage was void from the beginning and therefore never valid legally. Void marriages involve issues similar to those required for annulment, including bigamy, fraud, lack of consent, mental incapacity, incest, and fraud. Similar to an annulment, the process to declare a marriage invalid usually occurs while both spouses are alive, but some jurisdictions might consider it after the death of a spouse.
Key Things to Consider
Embarking on a legal challenge after the death of a spouse can take a huge personal toll on you mentally, emotionally, and financially. You should weigh these costs and recognize all the potential outcomes and their impacts on your family, especially if you have children.
Since family laws related to annulments, declarations of invalidity, inheritance, spousal support, and more vary widely by jurisdiction, it’s important to consult with a family law attorney who specializes in this specific area of a law in your state of residence.
Get Help from Family Law Attorneys
The family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) have years of experience helping families work through complex issues related to annulments, pre-nuptial agreements, property division, and inheritance. Schedule a free, no-obligation consultation to speak with our team about your case. Let LPEP help you protect your rights and your family.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Estate Planning Across Borders: Navigating International Family Dynamics
/in Estate Planning /by Michael LonichIn an interconnected world, international families are becoming more common. Loved ones may stretch across multiple continents in their search for more diversity and opportunities.
Estate planning can be daunting under normal circumstances. Factoring in family members living in another country takes estate planning to a whole new level.
How do you ensure your wishes are carried out and your wealth is allocated fairly across borders when laws, taxes, and cultural expectations vary? Estate planning for international families is more about paperwork. It’s also about striking a balance.
Key Challenges in International Estate Planning
Differences in legal systems, tax codes, and cultural expectations create challenges in international estate planning. Here are some of the key hurdles families may face:
Differing legal systems
Inheritance laws can vary significantly, affecting who inherits and the amount they receive. Some countries have a system of forced heirship, which means that the law dictates that a portion of the estate must be distributed to specific family members, regardless of what the will states. Other countries have more testamentary freedom and flexibility in determining how assets are distributed.
Tax Implications
Some countries have an inheritance tax, which can vary in rates and exemptions. They also vary whether they base their estate tax on the location of the assets or the domicile of the deceased. For example, countries such as the United States tax the worldwide assets of their citizens, regardless of where they live.
When creating an estate plan, it’s essential to consider the risk of double taxation. This occurs when the assets are taxed in the deceased’s country, but the beneficiaries also face a tax bill from their country of residence.
The United States does have tax treaties in place with several countries, including Canada, the United Kingdom, Germany, and France. Tax treaties on gifts and inheritances help mitigate the impact of double taxation.
Cultural and Family Dynamics
International estate planning also requires a balance between legal obligations and cultural expectations.
In certain cultures, primogeniture is the expectation in which the eldest son inherits most or all of the family assets. Other cultures tend towards an equal distribution of assets among all children, regardless of their gender or birth order.
Gender roles are another factor in estate planning. Some patriarchal societies don’t allow women to inherit assets, and property passes to the male relatives. This expectation can clash with legal systems that prioritize equal rights and look to ensure fairness among all beneficiaries.
These cultural differences can affect the recognition and enforceability of foreign wills.
Collaborate with LPEP Law
When crafting an international estate plan, it’s vital to work with experts who are familiar with cross-border issues. At Lonich Patton Ehrlich Policastri, our attorneys, with their extensive knowledge and experience, can guide you through the complexities of international estate planning. We can explain how to use treaties, trusts, and other legal tools to your advantage, giving you the confidence that your plan is in good hands.
Estate planning across borders can be complex, but we have strategies to create a plan tailored to your unique needs.
Contact us at (408) 553-0801 to schedule your free consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Can a Child Custody Agreement Be Changed?
/in Family Law /by Virginia LivelyChild custody agreements aren’t set in stone, especially as life changes. What worked well when your child was three may no longer be ideal when they’re ten.
If you’re wondering whether a custody order can be modified, the answer is yes, but there are rules and procedures to follow, especially in California. Here’s what you need to know if you’re considering a change in your custody arrangement.
When Can a Custody Agreement Be Changed?
In California, a child custody agreement can be modified if it’s in the best interest of the child and if there’s been a significant change in circumstances since the original order was made. The courts generally want to maintain stability in a child’s life, so they don’t make changes lightly. Some common reasons that justify a change include:
How to Modify a Custody Agreement in California
Here’s how you can make modifications to a child custody agreement in California.
Work It Out Together (If Possible)
If both parents agree to the change, the process is usually smoother. You can draft a new parenting plan and submit it to the court for approval. The court will generally approve it as long as it serves the child’s best interests.
File a Request for Order (If You Don’t Agree)
If one parent wants to change the agreement and the other does not, the requesting parent must file a Request for Order (RFO) with the family court. This formally asks the judge to review and change the custody arrangement.
Attend Mediation
In California, you’ll likely be required to attend mediation with Family Court Services before the hearing. This gives both parents a chance to work out their differences with the help of a neutral third party.
Go to Court
If you still can’t agree in mediation, you’ll go to a court hearing where the judge will decide whether a change is warranted based on the evidence and arguments presented.
What Does the Judge Consider when Changing a Child Custody Agreement?
The California court always puts the child’s best interest first. Judges will consider:
Need Help Changing a Custody Agreement?
Yes, child custody agreements can be changed in California, but only when there’s a valid reason and the modification supports your child’s wellbeing. Whether you and your co-parent agree on the changes or need help from the court, it’s important to navigate the process carefully.
Our experienced family law attorneys at Lonich Patton Ehrlich Policastri are here to guide you through the process. Whether you’re pursuing an agreed change or facing a contested modification, we’ll advocate for your rights and your child’s best interests. Contact us today for a free consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Coping with Estate Disputes: Strategies for Resolving Family Conflicts Amicably
/in Estate Planning /by Michael LonichWhen a loved one passes away, emotions run high, and when estates and inheritances are involved, unresolved tensions can quickly boil over. Estate disputes are sadly common, especially in cases where wills are unclear, outdated, or contested.
Families in California often find themselves navigating a maze of legal and emotional challenges, but with the right approach, it is possible to resolve these conflicts without damaging relationships permanently.
Below, we explore practical and compassionate strategies for managing estate-related disagreements and keeping family bonds intact.
Understanding the Roots of Estate Disputes
Most estate disputes stem from one of three key issues:
In California, probate laws are relatively clear, but emotions can still cloud judgment. Even with a valid will or trust, siblings or other beneficiaries might question the intentions behind certain distributions or suspect undue influence. Recognizing these emotional undercurrents is the first step toward resolution.
Strategies for Resolving Estate Disputes Amicably
Prioritize Open and Honest Communication
One of the most effective ways to prevent or resolve conflict is through direct, respectful conversation. Whenever possible, gather family members for a calm, neutral discussion. Acknowledge that everyone is grieving and that emotions may impact how they perceive the situation.
If a group conversation isn’t feasible, consider written communication or one-on-one meetings to express concerns and clarify intentions.
Involve a Neutral Third Party in Family Conflicts
If conversations become heated or unproductive, mediation can be incredibly helpful. In California, estate mediation is a voluntary, confidential process where a trained neutral party helps guide families toward a mutually acceptable resolution.
Unlike litigation, it’s less adversarial and often faster and less expensive. Mediation also preserves privacy, a major advantage when compared to court proceedings.
Understand Your Legal Rights and Options
In California, heirs and beneficiaries have the right to contest a will or trust under specific circumstances, such as:
Understanding these legal grounds can help families determine whether a claim is justified or not, and prevent unnecessary legal battles.
Plan Ahead to Prevent Estate Disputes
The best way to avoid estate conflicts is with proactive planning. Working with an experienced estate planning attorney ensures that your documents are legally sound, regularly updated, and clearly reflect your wishes. This foresight reduces ambiguity and minimizes the risk of family strife after your passing.
When to Seek Legal Guidance Regarding Estate Disputes
If your family is struggling with an estate dispute in California, don’t face it alone. A compassionate and skilled estate planning attorney can help mediate conflicts, clarify your legal rights, and guide you through probate or trust administration.
Need Help Navigating an Estate Dispute?
At Lonich Patton Ehrlich Policastri, we specialize in estate planning and dispute resolution throughout California. Our experienced attorneys offer thoughtful, solutions-focused support to help families protect their loved ones’ legacies, without tearing relationships apart.
Contact us today for a free, confidential consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
When Child Custody Mediation Fails
/in Family Law /by Gina PolicastriNumerous studies have shown that children perform better academically and socially when both parents are committed to being involved in their lives. California courts prioritize the best interests of the child. They will typically award both parents joint legal and physical custody unless there is a compelling reason why the child would be better off with only one parent.
The court also requires the parents to participate in mediation before they make a ruling. Mediation, facilitated by a neutral third-party mediator, enables parents to develop a parenting plan that allows both to spend quality time with their child. The mediator’s role is to guide the discussion, ensure both parents’ voices are heard, and help them reach a mutually beneficial agreement. Instead of a contentious court battle, mediation focuses on creating a parenting plan through open communication and cooperation. In turn, this can lay the groundwork for a better co-parenting relationship.
Why Mediation Might Fail
Mediation isn’t always successful. Even though parents start with the best intentions, they might struggle to come to an agreement. Some reasons for failure include:
Even if mediation fails, there are other options for resolving child custody issues.
What to Expect if Mediation Fails
When mediation fails, a family court judge becomes responsible for issuing a child custody order. They will hear both sides, consider the evidence, and make their decision based on factors such as:
Before the court hearing, gather documentation such as medical records, school records, and any other evidence that demonstrates your ability to be a capable parent who prioritizes your child’s well-being. During the court hearing, stay focused on the child and avoid airing any grievances about the other parent.
The judge may require additional information before deciding what is in the best interest of the child and may order a custody evaluation. An evaluator, such as a child psychologist or social worker, will conduct a thorough assessment, looking at factors such as:
Upon concluding their assessment, they will provide recommendations to the judge.
Throughout the process, remember that your child is still adjusting to the new family dynamics. You play a crucial role in this adjustment. Prioritize their emotional health by maintaining a stable home environment and providing a consistent routine.
Seek Legal Representation
There is too much at stake to navigate a child custody case on your own. You need the support and guidance of one of our experienced family lawyers at Lonich Patton Ehrlich Policastri. Our attorneys have over 100 years of combined litigation experience. We will help present your case and advocate for a custody plan that is in the best interest of your child.
We understand that this situation is overwhelming, so we will be with you throughout the process, ensuring you know your rights and options.
Call (408) 553-0801 to schedule your free consultation. We look forward to working with you.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.