Contact Us
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.
MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:
DISCLAIMER
This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
About | Why LPEP | Contact | Blog | Data Breach Information
© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy
Estate Planning for LGBTQ+ Couples: Navigating Legal Considerations and Challenges
/in Estate Planning /by Michael LonichAnyone who has assets should have an estate plan. In some cases, estate planning for LGBTQ+ couples can be even more important to make sure that your wishes with regard to distribution of assets, guardianship of children, and healthcare and medical decisions are honored. Below, we’ll go over some specific legal considerations that LGBTQ+ couples should consider and unique challenges that you might face when it comes to estate planning.
Marital Status and Legal Rights
Although same-sex marriage is recognized legally at the national level, some states might not automatically recognize the rights of same-sex partners, especially when it comes to healthcare decisionmaking, inheritance rights, joint ownership of property, and tax benefits for spouses. In some places, LGBTQ+ couples are limited to civil unions or domestic partnerships. Although these statuses offer some protection and benefits, they might not be as robust as couples would like, so it’s vital to clearly document what you want using the legal documents discussed below.
Wills and Trusts
One of the first things to think about in estate planning is creating a will. List all of your assets and debts and how you would like everything to be distributed. For LGBTQ+ couples, a detailed will is especially important if you have children from a prior relationship, if you are unmarried, or if your family members do not accept your relationship. Clearly state who the beneficiaries are and what they should receive. Note that you should also designate your partner as your primary beneficiary on life insurance policies, retirement accounts, and other financial assets to ensure these benefits do not default to a biological family member.
You might also consider establishing a trust to help protect your assets and ensure that your partner is able to inherit directly without any legal issues or familial conflict. Trusts can also sometimes provide tax benefits and protect assets from creditors and the probate process.
Guardianship Provisions
For LGBTQ+ couples with children, it is important to establish legal parental rights, especially for the non-biological parent of stepchildren or for both parents if the children are adopted. This legal recognition means that both partners have custody and guardianship rights, which can protect against potential challenges from biological family members after the death of one of the partners. In addition, you can appoint a guardian for your minor children (including biological, adopted, and stepchildren) in your estate plan to clearly set out your wishes.
Healthcare Directives
Consider establishing a healthcare proxy or power of attorney for your partner. In some cases, without this provision, your partner might not be legally able to make necessary medical decisions for you if you become incapacitated. If you prefer, a living will can also specify your preferences for medical treatment if you become unable to communicate, which could become important if you are concerned that your family members might not recognize your partner’s role in your life.
Work with LGBTQ+ Estate Planning Experts
Clear, detailed, legally enforceable estate planning documents can help protect your partner and your family and minimize the risk of legal challenges from unsupportive family members. Given the unique challenges that LGBTQ+ couples might face, it’s a good idea to work with estate planning attorneys who are well-versed in these issues. The estate planning group at Lonich Patton Ehrlich Policastri can guide you through the estate planning process and help you navigate difficult and emotional decisions. Call us to schedule a free consultation today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
New Legislation on Family Leave: Implications for Custody and Support Agreements
/in Family Law /by Mitchell EhrlichDivorce is hard. Trying to negotiate and balance child custody agreements or determine child support can add stress to an already emotionally draining situation. Laws regulating family leave aim to protect families by providing a framework to allow individuals to take time off when they need it to care for children or other family members without the threat of losing their job and income. In this article, we’ll look at family leave and some of the implications for custody and support agreements.
State vs Federal Laws
Under the federal Family and Medical Leave Act (FMLA), qualified employees are entitled to take up to 12 weeks of unpaid leave within a 12-month timeframe for specific medical or family-related reasons. While there have been proposals to broaden the scope of the FMLA, its current provisions remain limited. Parents may only take leave to bond with a newborn, newly adopted, or foster child, or to care for a child facing a serious health issue.
For those not eligible for the FMLA, you might find some relief through state-specific policies on family leave, although these vary greatly from state to state. Several states have enacted mandatory or voluntary paid family leave laws, which lessen the financial burden on parents who need to take time off to care for children. Even if your state does not yet have policies in place, it’s a good idea to keep checking because family law is a dynamic field, and changes could impact custody and child support agreements.
Impact on Custody Agreement
Whatever family leave policies are in place with your employer could affect your capacity for physical custody or availability for a visitation schedule. If you are able to take extended time off, or if your work schedule can be more flexible, you might be able to ask for joint custody or a more favorable visitation schedule (i.e., not limited to weekends).
Some state family leave legislation also provides for gender-neutral leave policies, which means that both parents can take time off as needed, which opens the door for a more balanced and equitable custody arrangement and visitation schedule.
If you already have a custody agreement in place, you might need to provide proof from your employer that you will be able to take leave to care for your child before any adjustments will be made.
Impact on Child Support
Courts often calculate child support agreements based on parents’ income, so agreements might need to be modified in light of family leave, especially if it is for an extended time. Paid family leave, where available, can reduce the financial strain on parents and make it easier to meet child support obligations. However, if family leave is unpaid, a parent’s income might be reduced, which could then reduce child support obligations, at least while the parent is on leave.
Family Law Experts in California
If you live in California and have questions about state family leave legislation and how it might affect your custody or child support agreements, it’s best to speak with certified family law specialists who are committed to staying on the cutting-edge of important legal developments in family law. The family law group at Lonich Patton Ehrlich Policastri (LPEP Law) has extensive experience in helping clients navigate the family court system and will work toward the best outcome for you and your family.
Call LPEP Law at 408-553-0801 to schedule a free, no-obligation consultation to discuss your custody and child support issues. Get the help you need today.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Elderly Parents and Estate Planning: Navigating Complex Family Dynamics
/in Estate Planning /by Michael LonichEstate planning can be an emotional topic, especially when elderly parents are involved. But taking the time to talk through your loved ones’ wishes, prepare legal documents, and establish a clear plan can help avoid unnecessary stress, conflict, and legal headaches down the line. Here’s a guide to help you understand what to expect when it comes to these important conversations.
Why Does Estate Planning Matter More with Age?
As parents get older, decisions about their health, finances, and assets become increasingly urgent. Without a will or trust in place, the state of California determines how property is divided—and that might not reflect your family’s true intentions.
Estate planning isn’t just about who gets what. It’s also about:
Family Tensions Are Common, But Avoidable
In many families, different personalities and perspectives can lead to tension. Maybe one child lives closer and feels more involved, while another lives farther away but wants an equal say. Add in stepchildren, second marriages, or unresolved childhood issues, and things can get complicated quickly.
It’s important to remember that estate planning is not just a legal issue – it’s a family one.
Open, honest communication is key. Parents should have clear discussions with their adult children, ideally with the help of a trusted attorney or financial planner. Having a neutral third party can reduce misunderstandings and help everyone stay focused on what matters most: honoring your parents’ wishes and protecting their legacy.
Tips for Navigating Difficult Conversations
Talking about death or declining health is never easy, but there are ways to make the process smoother:
How Lonich Patton Ehrlich Policastri Can Help
At the end of the day, estate planning is an act of love. It brings peace of mind to elderly parents—and provides clarity and comfort to the family members they leave behind.
Navigating these issues on your own can be a burden, and may not result in the best outcomes for you and your parents. At LPEP, our skilled family law attorneys can guide your parents through the process, help create a customized estate plan, and ensure it’s legally binding under California law. They can also serve as mediators if family disagreements arise.
Don’t leave anything to chance – ensure your family’s wishes are legally documented with LPEP’s estate planning services.
Schedule your free consultation today.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
The Effect of Rising Inflation on Alimony and Child Support Calculations
/in Family Law /by Gretchen BogerThe last half decade has been marked by unprecedented events, including a global pandemic followed by the highest rate of inflation seen in 40 years. We are starting to see some prices decrease as inflation cools, but we still haven’t reached pre-pandemic levels. It’s likely we never will, as the cost of goods is affected by other forces.
Rising costs are felt everywhere. Alimony and child support payments that once seemed reasonable may now feel inadequate. How does inflation impact alimony and child support calculations? Do payments automatically increase, or does one of the parties need to request a modification in payment amounts?
The Cost of Living
The cost of raising a child has substantially increased over the past few years. In 2019, it cost an estimated $233,610 to raise a child from birth to age 18, not including college expenses. In 2025, that estimate increased by over 60% to $375,000.
Families are seeing higher prices in more places than the grocery store. The price of housing, utilities, child care, healthcare, clothing, extracurricular activities, and private school tuition have risen dramatically.
Inflation erodes the purchasing power of alimony and child support payments. When payments aren’t keeping up with rising costs, families risk falling below the poverty line, the very thing those payments are meant to prevent.
California’s Guidelines on Alimony and Child Support
California’s courts oversee spousal support, also known as alimony, and child support as outlined in the California Family Code. Alimony provides support to a spouse after a divorce or separation so both parties can maintain a standard of living close to the one they had during the marriage. It’s not uncommon for one spouse to experience financial hardship after a divorce, and alimony aims to address that imbalance.
Child support ensures that both parents are contributing financially to their children’s upbringing after the divorce. If the child resides primarily with one parent, the other parent may be expected to pay more towards their support.
However, neither alimony nor child support payments adjust automatically to keep up with increases in the cost-of-living unless the judge includes a cost-of-living adjustment (COLA) clause in the court orders. COLAs will automatically increase the payments to keep pace with inflation.
Modification Requests
California courts allow requests for modification of alimony and child support payments. Requesting a modification requires proof of a significant change in circumstances. Typically, modification requests are associated with changes in income, the needs of the child, or parenting time.
Rising inflation can also qualify as a significant change. If the alimony or child support orders don’t have a COLA clause, either party can petition the court and request a modification hearing.
LPEP Law Can Help
Inflation affects everyone, but when alimony and child support payments aren’t keeping up with rising costs, it can cause financial insecurity. Fortunately, there are legal options available. Our attorneys at Lonich Patton Ehrlich Policastri can help you petition the court for modification. We will guide you through the process and ensure you have the necessary documentation to support your request. With our assistance, your request for payment modification is more likely to be successful.
Contact us at (408) 553-0801 to schedule a free consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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.