Estate Planning Archives - Lonich Patton Ehrlich Policastri

Legal Considerations for Elder Care and Estate Planning: Protecting Your Aging Loved Ones

April 29, 2026/in Estate Planning /by Michael Lonich

When you were younger, you relied on your parents for help and guidance as you discovered the world around you. Now, as your loved ones age, the roles are reversed, and they are beginning to rely more on you. Understanding elder law is essential to protect their well-being and future.

Families with elderly family members are often faced with difficult decisions about care, finances, and long-term planning. At times, it can feel overwhelming, but there are resources available to help you safeguard your loved ones’ dignity, well-being, and financial security.

Elder Law in California

According to California law, the elderly are people aged 65 and older. The Elder Abuse and Dependent Adult Civil Protection Act helps to protect older adults from physical abuse, neglect, and financial exploitation. Victims, or their families, can pursue civil remedies when abuse does occur.

Additionally, crimes targeting seniors, such as theft, fraud, and identity misuse, can carry penalties ranging from significant fines to imprisonment.

Essential Estate Planning Documents

A comprehensive estate plan is the foundation for protecting your elderly loved ones. Legal documents should include:

1. Revocable Living Trust

An individual can transfer their assets into a trust to be managed during their lifetime and transferred efficiently after death, thus avoiding probate. Appointing a successor trustee allows them to step in if the individual becomes incapacitated and helps to prevent financial mismanagement.

2. Durable Power of Attorney

A POA is a document that authorizes someone to handle financial matters on behalf of your loved one. Without it, you may need to go to court to gain authority.

3. Advanced Health Care Directive

This allows individuals to specify their medical wishes and end-of-life care. They can also appoint someone to make healthcare decisions on their behalf if they are unable to do so.

These essential documents help ensure that decisions are made by trusted individuals and not left to the courts. They also minimize the likelihood of conflicts and disputes among various family members.

Conservatorships

It’s often the case that an individual has done little to no prior planning and has reached a point where they can no longer manage their personal and financial affairs. In such a situation, the family may need to seek a court-appointed conservatorship.

A conservatorship authorizes a court-appointed person to make those financial or personal decisions. However, this can be a costly, time-consuming process. Courts generally dislike removing an individual’s independence and autonomy. They consider conservatorship to be a last resort when less restrictive alternatives, such as powers of attorney, are unavailable.

Protecting Your Elderly Loved One Against Financial Abuse

Older adults are often the targets of financial abuse, such as:

Unauthorized withdrawals or transfers from bank accounts
Coercion to change wills or trusts
Misuse of a power of attorney
Fraud or scams

These actions can be devastating to seniors, both emotionally and financially. To reduce the risk of financial abuse, families need to regularly monitor their loved ones’ financial accounts and have checks and balances in place, especially for large transactions.

Fortunately, California allows the recovery of stolen assets and, sometimes, additional damages when misconduct is proven.

Long-Term Care and Medi-Cal Planning

Planning for long-term care is another critical component of estate planning. Nursing home care can be expensive, and without strategic planning, an older adult may not qualify for Medi-Cal to help cover costs.

Structuring assets properly or implementing certain types of trusts can help individuals qualify for benefits while preserving some wealth for heirs.

Bringing It All Together

Protecting your aging loved ones requires thoughtful legal planning. Our attorneys at Lonich Patton Ehrlich Policastri are experts in estate planning. We can help you understand the available protections and put the right documents in place. With our assistance, you can avoid crises and ensure your loved ones are cared for with dignity and respect.

Contact us at 408-553-0801 for a free consultation. The earlier you start, the more options you will have. Whether your loved one is fully independent or beginning to need assistance, now is the time to take those important steps.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

How to Choose the Right Executor for Your Estate

April 15, 2026/in Estate Planning /by Michael Lonich

Selecting the right executor is one of the most important decisions you’ll make when creating your estate plan. Your executor is responsible for carrying out your wishes, managing your assets, and ensuring your estate is administered smoothly. Choosing wisely can help minimize stress for your loved ones and avoid unnecessary legal complications.

What Does an Executor Do?

Before choosing an executor, it’s important to understand the role. An executor is responsible for:

Filing your will with the probate court
Identifying and managing estate assets
Paying debts, taxes, and expenses
Distributing assets to beneficiaries according to your will
Handling any disputes or legal challenges

This role can take months or even years, depending on the complexity of your estate.

Key Qualities to Look For in an Executor

Not everyone is suited to serve as an executor. Here are some essential traits to consider:

Trustworthiness and Integrity

Your executor will have access to your financial accounts and personal information. Choose someone who is honest, responsible, and capable of acting in the best interests of your beneficiaries.

Organizational Skills

Estate administration involves paperwork, deadlines, and coordination with attorneys, accountants, and courts. An organized individual will be better equipped to manage these responsibilities efficiently.

Financial and Legal Awareness

While your executor doesn’t need to be a legal expert, basic financial literacy and the ability to understand legal documents are important. They should also be comfortable seeking professional guidance when needed.

Availability and Willingness

Serving as an executor can be time-consuming. Make sure the person you choose is willing to take on the role and has the availability to see it through.

Should You Choose a Family Member or a Professional?

Many people choose a close family member, such as a spouse, adult child, or sibling. This can be a good option if the individual is capable and impartial. However, family dynamics can sometimes complicate matters, especially if there are conflicts among beneficiaries.

In more complex situations, you may want to consider appointing a professional executor, such as an attorney or corporate fiduciary. This can provide neutrality and expertise, particularly for larger or more complicated estates.

Consider Potential Conflicts

It’s important to think ahead about how your choice might impact family relationships. For example, naming one child as executor over others could lead to tension. In some cases, co-executors may be appropriate, but this can also slow down decision-making if disagreements arise.

A thoughtful, proactive approach can help reduce the likelihood of disputes during the probate process.

Don’t Forget to Name a Backup Executor

Life circumstances change, and your chosen executor may be unable or unwilling to serve when the time comes. Always name at least one alternate executor in your will to ensure continuity.

Review Your Choice Regularly

Your estate plan should evolve with your life. Revisit your executor designation after major life events such as marriage, divorce, relocation, or the birth of a child to ensure it still aligns with your wishes.

Work with Lonich Patton Ehrlich Policastri, Trusted in the Bay Area

Choosing the right executor is just one part of a comprehensive estate plan. An experienced estate planning attorney can help you evaluate your options, avoid common pitfalls, and ensure your wishes are clearly documented.

Contact Lonich Patton Ehrlich Policastri today to schedule your free consultation and create a plan that protects your legacy and provides peace of mind for your loved ones.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

The Importance of Updating Your Will: Life Events That Trigger Estate Plan Revisions

March 25, 2026/in Estate Planning /by Michael Lonich

Creating a will is a critical step in protecting your loved ones and ensuring your wishes are honored. But an estate plan isn’t a “set it and forget it” document. As life changes, so should your will. Failing to update your estate plan after major life events can lead to unintended consequences, family disputes, or assets being distributed in ways you never intended.

Below are some of the most common life events that should prompt a review, and likely a revision, of your will.

Marriage or Divorce

Getting Married

Marriage can significantly change how your estate should be distributed. In many states, spouses have legal rights to inherit, even if they are not named in a will. Updating your estate plan after marriage ensures your spouse is properly provided for and allows you to revise beneficiary designations, guardianship preferences, and powers of attorney.

Divorce or Legal Separation

Divorce is one of the most critical times to update your will. While some states automatically revoke provisions for an ex-spouse, others do not. Without an update, your former spouse could still inherit assets or remain named as an executor, trustee, or beneficiary; outcomes most people want to avoid.

Birth or Adoption of a Child

Adding New Family Members

Welcoming a child or adopting one is a major life milestone that should trigger an estate plan review. Your will should name a guardian for minor children and ensure assets are distributed in a way that supports their long-term care and education.

Updating Guardianship and Trust Provisions

As children grow, your preferences for guardians or trustees may change. Updating your will allows you to reflect evolving family dynamics and financial circumstances.

Significant Changes in Assets or Finances

Buying or Selling Property

Purchasing a home, inheriting property, or selling a major asset can alter the structure of your estate. Updating your will ensures newly acquired assets are properly titled and distributed according to your wishes.

Starting or Selling a Business

Business ownership adds complexity to estate planning. Changes in ownership, valuation, or succession plans should be reflected in your will to prevent disputes and ensure a smooth transition.

Death or Incapacity of a Loved One

If someone named in your will passes away or becomes incapacitated, your estate plan should be updated promptly. Naming alternate beneficiaries and fiduciaries helps avoid delays and confusion during probate.

Changes in Laws or Personal Priorities

Legal and Tax Updates

Estate and tax laws evolve over time. An outdated will may miss opportunities to reduce taxes or comply with current legal requirements.

Shifting Personal Goals

Your values and priorities may change as you age. Charitable giving, long-term care planning, or providing for grandchildren may become more important over time.

Keep Your Estate Plan Current

A good rule of thumb is to review your will every three to five years, or anytime a major life event occurs. Regular updates help ensure your estate plan continues to reflect your wishes and protects the people who matter most.

At LPEP, our experienced estate planning attorneys can help you identify necessary updates and guide you through the process, giving you peace of mind that your plan remains current and effective.

Contact us today to schedule your free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Expatriate Estate Planning: What Are the Unique Challenges?

March 13, 2026/in Estate Planning /by Michael Lonich

Understanding some of the unique challenges that expatriate estate planning presents can be an important step toward protecting your family’s future.

Living or working abroad offers exciting opportunities for families, but you should also be aware of how it can affect your estate plan. Owning property or other assets, investing in financial accounts, or having family members residing in more than one country, means that a simple will might not be enough to protect your family from unexpected tax exposure or delayed asset distribution through multiple probate processes.

Conflicting Inheritance Laws

Inheritance laws can vary dramatically by country. While some countries (e.g., the United States, Canada, Australia) prioritize individual freedom to distribute assets however you choose, many European, South American, and Middle Eastern countries abide by forced heirship regulations that require a set portion of your estate to be set aside for specific family members such as spouses or children.

Domicile vs Residence

Expatriate estate planning often hinges on your domicile rather than just where you reside. In legal terms, your domicile is the location you consider your primary, permanent residence (the place you intend to return to eventually), regardless of where you actually live. Simply moving and living in a new country does not automatically change your legal status when it comes to your estate, which can affect inheritance rights and tax exposure.

Exposure to Multiple Tax Systems

One of the many benefits of estate planning is the opportunity to minimize estate and inheritance taxes, freeing up more of your assets for your beneficiaries. Without careful planning, the estates of expatriate families could be subject to different taxes in multiple jurisdictions, including:

Estate tax in their country of citizenship (domicile)
Inheritance tax in their country of residence
Property taxes in the country where the assets are physically located

Protecting Minor Children

For expatriate families living in another country with minor children, clear, coordinated cross-border estate planning is even more critical. Without it, there could be questions about which country decides guardianship if both parents die while living overseas. Clear directives outlining your wishes for who should act as your children’s legal guardian are vital to ensure stability for your family during a very stressful and emotional situation. Otherwise, your minor children could be vulnerable to cross-border custody conflicts, especially if close family members reside in more than one country and want to compete for guardianship rights.

Expatriate Estate Planning Requires Specialized Guidance and Coordination

While it’s always a good idea to work with estate planning experts, even for domestic estate planning, expatriate estate planning absolutely requires specialized guidance due to its unique legal challenges.

The estate planning group at Lonich Patton Ehrlich Policastri (LPEP Law) can help you:

Review existing estate planning documents or draft new ones
Minimize potential tax exposure through trusts
Coordinate with foreign counsel if appropriate
Develop strategies to protect your spouse and children

Expatriate estate planning is about more than a will. LPEP Law can help you create a comprehensive, cross-border estate plan that reflects the global reality of your life and helps make sure that your wishes are honored and your family is adequately protected no matter where you end up.

Take the first step and schedule your free, no-obligation consultation today.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Cryptocurrency and Estate Planning: Addressing the Challenges of Passing Down Digital Wealth

February 18, 2026/in Estate Planning /by Michael Lonich

Technology has changed the way we communicate, work, and invest. Approximately 27% of Californian adults own cryptocurrency, which provides both unique opportunities and challenges.

If you’re considering adding digital wealth to your portfolio, it’s crucial to understand how cryptocurrency will affect your estate plan.

Cryptocurrency Simplified

Cryptocurrency, such as Bitcoin, is a form of digital money that exists only online and uses secure technology called blockchain to record transactions. It is decentralized, meaning it isn’t controlled by any institution. People use cryptocurrency to invest, make payments, or store value.

The Complexities of Cryptocurrency in Estate Planning

Since cryptocurrency is intangible, you need to prove ownership through private digital keys rather than bank records or paper statements. Access depends entirely on these digital keys and requires careful planning to ensure it can be accessed and transferred when needed. If these digital keys are lost, there is no authority you can call to gain access.

Additionally, if your heirs don’t have access to your private keys or recovery phrases after you pass away, your digital wealth, which could be substantial, can be lost forever.

California Recognizes Cryptocurrency in Estate Planning

California’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) provides fiduciaries, such as executors, trustees, and POAs, with a legal framework for accessing and managing a person’s cryptocurrency upon death or incapacity.

However, your estate planning documents must explicitly authorize access under RUFADAA. Without that authority, the cryptocurrency exchange or wallet provider may deny your appointed fiduciary access.

Your Digital Estate Plan

You can help ensure your digital wealth is passed on to your heirs by taking the following steps:

1. Inventory Your Digital Assets

Document all of your digital holdings, including cryptocurrency wallets, NFTs, and DeFi investments. Include where they are stored and any technical details you believe your fiduciary will need.

2. Document access instructions

Use a secure, offline method for storing your private keys or seed phrases. Never write them directly into your will, as it will become public record during the probate process. Make sure your fiduciary knows how to retrieve them.

3. Use Specific Digital Asset Language

Using generic terms, such as “my digital assets,” is insufficient. Your estate plan should distinctly identify cryptocurrency, NFTs, and other digital assets by name. Explain how you want them distributed and ensure your executor has the explicit authority to access them.

4. Name a Digital Executor

Managing digital wealth requires technical skills that your estate’s executor may lack. Consider appointing a separate executor who’s solely responsible for accessing, managing, and distributing your digital estate.

LPEP Law Can Help with Your Digital Estate Planning

If cryptocurrency and other digital assets are an integral part of your investment portfolio, it’s essential to plan ahead. Failing to do so could result in:

The loss of significant assets
Legal challenges for fiduciaries
Delayed transfer of wealth

Our attorneys at Lonich Patton Ehrlich Policastri can help you craft an estate plan that includes your digital assets. We understand the challenges of passing down digital wealth and will work with you to protect, organize, and legally transfer it so your loved ones aren’t locked out when it matters most.

Contact us at (408) 553-0801 for a free consultation on safeguarding your digital assets and preserving your legacy.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Navigating Estate Planning for Blended Families: Ensuring Fair Distribution Among All Heirs

February 5, 2026/in Estate Planning /by Michael Lonich

Estate planning can be emotional for any family, but it can be especially complex for blended families. When spouses bring children from previous relationships into a new marriage, questions about fairness, security, and long-term planning often arise. With the right approach, estate planning can help protect everyone involved and reduce the risk of conflict down the road.

Why Estate Planning Is More Complicated for Blended Families

Blended families often include stepparents, stepchildren, biological children, and sometimes former spouses. Without a clear estate plan, California’s default inheritance laws may not reflect your wishes.

For example, stepchildren are not automatically entitled to inherit unless they are legally adopted or specifically named in an estate plan. This can lead to unintended outcomes, such as one spouse’s children receiving less than expected, or even nothing at all.

Common Concerns Blended Families Face

Making sure a surviving spouse is financially secure
Ensuring children from prior relationships receive an inheritance
Preventing future disputes between family members
Protecting assets intended for specific heirs

Key Estate Planning Tools for Blended Families

A thoughtful estate plan uses legal tools designed to balance the needs of all heirs.

Wills and Trusts

A will allows you to clearly state who should receive your assets. However, many blended families benefit from trusts, which offer more control over how and when assets are distributed.

Trusts can:

Provide income or support for a surviving spouse
Preserve assets for children from a previous relationship
Help avoid probate, which can be time-consuming and costly

Beneficiary Designations

Some assets, such as retirement accounts and life insurance policies, pass directly to named beneficiaries, regardless of what a will says. Reviewing and updating these designations is critical, especially after marriage, divorce, or remarriage.

Failing to update beneficiaries can result in assets going to an ex-spouse or excluding intended heirs.

Planning for Fair (Not Always Equal) Distribution

Fair distribution does not always mean dividing everything equally. In blended families, fairness often depends on individual circumstances.

Consider Each Family Member’s Needs

Questions to think about include:

Does one child have greater financial or medical needs?
Should certain assets stay within a biological bloodline?
Is one spouse relying on shared property for long-term support?

Clear planning allows you to explain these decisions and reduce misunderstandings later.

Why Working with an Estate Planning Attorney Matters

Blended family estate planning involves legal, financial, and emotional considerations. At Lonich Patton Ehrlich Policastri, our experienced attorneys can help you:

Create documents that reflect your specific family structure
Ensure your plan complies with California law
Reduce the risk of future legal challenges
Start the Conversation Early

The best estate plans begin with open conversations and careful planning. By addressing these issues now, blended families can gain peace of mind knowing that all heirs are protected and their wishes will be honored. Contact our team today to schedule your free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Should Small Business Owners Plan for Retirement?

January 22, 2026/in Estate Planning /by Michael Lonich

Running a small business often means wearing every hat, from owner to manager, marketer, bookkeeper, and problem-solver… the list never ends. But with so much focus on daily operations, many business owners put long-term planning on the back burner, especially when it comes to retirement.

The truth is, small business owners should plan for retirement, and the earlier, the better. Your business may be thriving today, but a solid retirement plan ensures financial security for your future self and peace of mind for your family.

Why Retirement Planning Matters for Small Business Owners

Unlike traditional employees who may rely on employer-sponsored 401(k)s or pension plans, small business owners shoulder the responsibility of building their own nest egg. That makes intentional planning even more important.

Financial Security for the Long Term

Your business might be your biggest asset, but counting on it alone to fund your retirement can be risky. Markets shift, industries change, and transitions don’t always go as planned. A retirement plan helps diversify your financial future and provides stability no matter what happens with your business.

Protecting Your Family

Retirement planning often overlaps with estate planning. Without a clear plan, your loved ones may face difficult decisions about your business, finances, and long-term care. Preparing now helps ensure your family is protected and your wishes are honored.

Retirement Planning Options for Small Business Owners

When it comes to retirement planning, you have more options than you might realize, and many of the options outlined below are specifically designed for self-employed individuals and small business owners.

SEP IRAs

A Simplified Employee Pension (SEP) IRA is easy to set up and offers higher contribution limits than traditional IRAs. It’s a popular choice for owners who want flexibility and the ability to save more in profitable years.

Solo 401(k)s

If you’re a business owner with no employees (other than a spouse), a Solo 401(k) can be a powerful tool. It allows for both employer and employee contributions, making it possible to save significantly more each year.

SIMPLE IRAs

For businesses with a few employees, a SIMPLE IRA offers a streamlined way to help your team save for retirement while still being manageable for the employer.

Don’t Forget Succession Planning

Retirement planning isn’t just about money, it’s also about ensuring your business can continue smoothly when you’re ready to step back. Whether you’re planning to sell, pass the business to a family member, or wind it down, having a written succession plan helps avoid confusion, conflict, and financial loss.

Start Planning Today

If retirement planning has been on your “someday” list, consider this your sign to take action. Small business owners work hard to build something meaningful, and your retirement and legacy deserve that same level of care.

At Lonich Patton Ehrlich Policastri, we provide a number of financial-related services for small business owners, including business succession planning and estate planning. Contact us today to schedule your free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

What is the Difference Between Estate Planning and a Will?

January 7, 2026/in Estate Planning /by Michael Lonich

Most people know that they should have a will to make sure that their assets get distributed appropriately after their death, but is a will all you need? What is estate planning? Is there a difference between estate planning and a will? How do you know which you need?

What is a Will?

A will is a written document that outlines your wishes and provides detailed instructions for several things after your death, including:

The distribution of your assets
Who you want to be the guardian of your minor children
Appointing an executor who will carry out your wishes and administer your estate (i.e., pay outstanding debts and taxes)

A will only takes effect after your death, so it does not include provisions for how to manage your assets if you become incapacitated.

Everyone should have a will even if you do not have extensive assets. Without a will, a court will decide about asset distribution and guardianship issues.

What is Estate Planning?

Estate planning is an overall strategy for managing your assets, your health, and your legal affairs both during your life and after your death. Estate planning includes a will, but is much broader and helps with many additional issues like minimizing taxes and protecting your assets.

In addition to a will, estate planning often includes:

Trusts

There are many different kinds of trusts that help you manage your property and other assets, protect those assets from the probate process after your death, and provide various tax benefits. If you have minor children, establishing a trust is a great way to ensure that you can continue to provide for them long-term, especially if you have a special needs child.

Power of Attorney

A power of attorney document designates a trusted individual to make financial, medical, and legal decisions on your behalf if you are unavailable (e.g., out of the country) or incapacitated due to illness or age.

Healthcare Directives or a Living Will

Although it can be uncomfortable to think about, it’s important to clearly outline your wishes for medical treatment and care, if you are ever unable to make or communicate those decisions for yourself. Rather than leaving your spouse or other family members to have to make painful choices during a very emotional and stressful situation, you can choose for yourself about resuscitation, feeding tubes, pain management, life support, and end-of-life care.

Taxes and Other Financial Planning

An estate planning attorney can help you minimize the impact of taxes on your estate to help you maximize your enjoyment of it during your lifetime. They can also help you protect your assets in cases of divorce or bankruptcy. An estate plan also allows you to designate beneficiaries for all your accounts.

Estate Planning Customized to Your Goals

While having a will is important, it is just one piece of the whole puzzle. Effective estate planning allows you to provide guidance about your wishes after death but also if you become incapacitated, as well as helping you manage your estate now. The estate planning group at Lonich Patton Ehrlich Policastri (LPEP Law) can help you customize your estate plan to meet your goals of protecting your assets and your family both now and in the future. Call LPEP Law to schedule your free, no-obligation consultation to get started today.

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

December 10, 2025/in Estate Planning /by Michael Lonich

Raising 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.

Estate Planning for Domestic Partnerships

November 26, 2025/in Estate Planning /by Michael Lonich

Committed 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.