• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu

Posts

Aretha Franklin Did Not Have a Will

February 28, 2019/in Estate Planning /by Michael Lonich

But Did Aretha Franklin Need a Will?

Tragically, Aretha Franklin passed away on August 16, 2018 from pancreatic cancer. She left behind four sons but no will or estate plan. Because she did not have a will, during the court process all her assets will be made public. Aretha Franklin’s estate is estimated to be around $80 million and includes financial accounts, personal and real property, and music copyrights. The law of Michigan, where Aretha Franklin died, requires that her assets be divided equally between her four sons. While this may seem simple, it is very common when there is no will for the estate to be contested.

For example, Prince’s estate has been highly contested by the executor of his estate, Comerica Bank and Trust, and his heirs – his six siblings – over the value of his estate and how it should be divided.  Prince passed away in 2016 and his $200 million estate has paid lawyers and consultants over $5.9 million while his heirs have yet to receive anything. Lawyers for three of Prince’s heirs claim that it is a “legitimate concern” whether Prince’s heirs will receive anything at all.

If Aretha Franklin had created a trust, her estate would remain private, fees would be reduced, and her heirs would receive their portion of the estate much faster.

Do I Need a Will?

Over half of Americans do not have a will. Most claim they have simply not gotten around to it and many believe that they do not own enough property to pass down.

While most Americans will not leave behind an estate as large as Aretha Franklin or Prince, a will or trust is still extremely valuable.

It is important to remember that your debts as well as your assets are included in your estate. With a will, you can dictate which debts are paid first, this could allow specific property to not be used to pay debts.

Another crucial element is guardianship of children. When there is no will, the court will appoint a guardian. The court will generally appoint the surviving spouse as guardian. However, if the spouse is unavailable the court will appoint a grandparent, and failing that, the next closest relative. With a will, you may nominate a specific guardian who you feel will be best equipped to care for your children.

One more significant factor to consider is who you want, or who you don’t want to execute your wishes. In California if you do not leave a will, your family members may petition to be the administrator of your estate. The court will appoint the petitioner as an administrator if all family members with higher priority decline to serve as an administrator. With a will, you can appoint an executor who you feel is most capable. Alternatively, you may spell out in your will who you do not want to execute your will.

There are many tangible benefits of a will, however the process of drafting a will can be complex. If you are considering a will or another form of estate planning, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri. We offer free half-hour consultations.

Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2019-02-28 08:00:132021-12-22 20:04:40Aretha Franklin Did Not Have a Will

Estate Planning for Special Needs Children

June 16, 2017/in Estate Planning /by Michael Lonich

Having a child with special needs brings countless challenges to overcome. Parents of these children, regardless of age, are their biggest advocates, providers, and caretakers. Life is unpredictable, but if parents have a well thought out plan they can take comfort in knowing their child will continue to be provided for. Therefore, it is essential that parents of a special needs child plan early regarding their estate.

Setting out an estate plan to provide for a child with special needs has its own unique hurdles. One is to design a plan that supplements a child’s government benefits while enhancing the quality of the child’s life. As a parent, if you leave your child too much outright this may risk them losing their public benefits. Another hurdle to overcome is to figure out how to provide for proper supervision, management, and distribution of the inheritance through a third party created and funded Special Needs Trust. The task of estate planning may feel daunting at times, but with a knowledgeable attorney and good organization parents can execute a successful estate plan.

The ultimate goal is to preserve public benefits for a disabled child. Parents will want the plan to provide a lifetime of money management for the child’s benefit, protect the child’s eligibility for public benefits, and ensure a pool of funds available for future use in the event public funding ceases or is restricted.

These goals can be accomplished by executing a Special Needs Trust. If properly drafted and administered, a Special Needs Trust will allow the child to continually qualify for public assisted programs even though their parents have left them an inheritance. This occurs since the assets are not directly available to the child and because this type of trust has strict limits on the trustee’s availability to give money to the child.

Parents who draft a Special Needs Trust will appoint a trustee to act as the child’s money manager. This is a very important decision because it will ensure the long-term success of the Special Needs Trust. Parents should closely counsel with their attorney before making this selection.

Parents may also wish to appoint a guardian or conservator. A conservatorship or guardianship are court proceedings that designate a person to handle certain affairs for an incapacitated person. Where a conservator cares for the estate and financial affairs, a guardian is responsible for personal affairs such as where the child lives or what doctor they see.

Parent’s planning will ensure their child is cared for in the best way possible. But it is important to plan now. If you are considering drafting an estate plan and would like more information about Special Needs Trusts or other options available, please contact the experienced estate law attorneys at Lonich Patton Erlich Policastri

Lastly, please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2017-06-16 15:54:142021-12-22 20:09:54Estate Planning for Special Needs Children

The Strangest Wills of All Time

March 9, 2016/in Estate Planning /by Michael Lonich

The Huffington Post recently compiled a list of 7 of the weirdest, but very real, wills of all time. Although some are foreign wills, the article serves to remind us that wills are a powerful tool. Creating a will allows us to control the disposition of our property, and fulfill some last wishes.

1.       The Original “P.S. I love you”

Comedian Jack Benny left a provision in his will instructing a local florist to deliver a red rose to his wife every day for the rest of her life.

2.       A Dog’s Life

Businesswoman, Leona Helmsley, left her dog “Trouble” 12 million to inherit. (Although a judge later reportedly reduced the inheritance to 2 million)

3.       The Talking dead

Magician, Harry Houdini’s, last wishes included a request for his wife to hold a mini séance every year on the anniversary of his death. Houdini had promised to contact his wife after death and they even agreed upon a phrase that he would say as confirmation that it was him really speaking. His wife, however, quit the séances a decade after his death.

4.       The unhappy husband

German poet, Heinrich Heine’s wife was set to inherit all his assets upon the fulfillment of one condition, she had to remarry. His will reportedly read, “because, then there will be at least one man to regret my death.”

5.       The Stork Derby

Toronto businessman, Charles Miller’s, left his fortune to the married woman in Toronto who could birth the most children in the decade following his death. The stork derby, as the race for the fortune later became labeled, eventually led to a 4 woman tie, each producing 9 children.

6.       The unfitting funeral

Writer, F. Scott Fitzgerald, initially wrote in his will that his funeral should be “suitable” and “in keeping with my station in life.” However, by the time he died, Fitzgerald had changed his will to say it should be the “cheapest” funeral because Fitzgerald had gone into debt.

7.       Controlling from the grave

Real estate millionaire, Maurice Laboz, who died in 2015 left his nearly $40 million estate to his 2 daughters. His daughters are set to receive the inheritance at 35, but can receive bonuses before, if they adhere to certain rules. For example:

1)      Daughter, Marlena, will receive 500,000 upon marrying, but only if her husband signs a sworn statement promising to not touch the money

2)      Marlena will receive another 750,000 if she graduates from an accredit university and writes an essay “100 words or less describing what she intends to with the funds”

Source: http://www.huffingtonpost.com/entry/7-of-the-most-unusual-wills-of-all-time_us_55fb0059e4b0fde8b0cd5bc5?utm_hp_

If you would like to learn more about wills or avoiding probate in general, call Lonich Patton Erlich Policastri to schedule a free half-hour consultation. Our attorneys are passionate about estate planning and have decades of experience handling complex estate planning matters, including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.

 

 

 

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2016-03-09 16:21:592021-12-22 20:18:24The Strangest Wills of All Time

A Cautionary Tale of Fill-in-the-Blank Wills: Not So E-Z After All

April 9, 2014/in Estate Planning /by Michael Lonich

Online platforms like Legal Zoom and Rocket Lawyer, as well as form wills marketed by companies like E-Z Legal Forms, are gaining popularity in the estate planning world. However, a recent Florida decision* serves as a fresh reminder that using one of these one-size-fits all approaches to estate planning could land your family in court despite your wishes.**

In a recent case, a Florida woman created a will through E-Z Legal Forms, leaving all of her property to her sister and finally to her brother if her sister predeceased her. The sister died first, so the brother claimed the entire estate. That would have been the result that fit with the deceased woman’s wishes. However, because the document was made without attorney oversight, the document lacked a residuary clause (important in Florida) and opened the door to disagreement over the interpretation of the will. Two of the woman’s nieces sued for a share of the estate.

The nieces, who were born to another brother who had already passed away and who were not mentioned in the will, walked away with a portion of the estate because they argued that they should receive part of any property that the deceased earned after signing the original will.  The Florida Supreme Court agreed, determining that all property earned after the will was signed must go through probate and be distributed based upon the State’s intestacy laws. (Intestacy laws govern who will receive property when a person dies without a will). Because she had a will, this was clearly not what the deceased woman intended, and one Justice shared a word of caution:

“I therefore take this opportunity to highlight a cautionary tale of the potential dangers of utilizing pre-printed forms and drafting a will without legal assistance. As this case illustrates, that decision can ultimately result in the frustration of the testator’s intent, in addition to the payment of extensive attorney’s fees—the precise results the testator sought to avoid in the first place.”

The court also acknowledged that people want to avoid dealing with lawyers and spending additional money, but sometimes making an investment in legal counsel will help the party and their family avoid even greater legal feels and turmoil in the future.

Creating a will doesn’t always have to be complicated. Nevertheless, it is best to create yours with the aid of an experienced estate planning attorney if you wish to avoid probate and future disputes over your estate. If you need estate planning advice, call Lonich Patton Erlich Policastri to schedule a free half-hour consultation. Our attorneys are passionate about estate planning and have decades of experience handling complex estate planning matters, including wills and living trusts. If you need a will or would like to review the will you currently have, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

 

*FlascBlog: The Florida Supreme Court Blog reports on the opinion (PDF).

**To see the original article that inspired this post: http://www.abajournal.com/news/article/e-z_legal_form_proved_to_be_complicated_in_litigation_over_wills_missing_re/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2014-04-09 15:01:082021-12-22 20:58:49A Cautionary Tale of Fill-in-the-Blank Wills: Not So E-Z After All

The Disclaimer: An Arrow in the Savvy Planner’s Quiver

March 21, 2014/in Estate Planning /by Michael Lonich

We won’t all be lucky enough to inherit a large sum of money upon the death of a loved one. But, if you do, you may want to consider disclaiming that inheritance under special circumstances.  When you disclaim an inheritance, you are refusing to accept it.

Some of you reading this are probably thinking, “You’ve got to be crazy if you think I am ever going to flat out refuse any money that I have coming to me.” Nevertheless, for others who already own plenty of property or are looking to reduce gift or estate or gift taxes, disclaiming an inherited gift could be in the best interests of you and your family.

Let’s say you already have a healthy estate of several million dollars when your father dies, leaving $400,000 to be split evenly between you and your sister. You know that your sister, a single mother, could really use the money and you would like to help her out. In this situation, disclaiming could be beneficial for in two ways.

First, by disclaiming your half of the gift, the entire $400,000 can be transferred directly to your sister. This kind gesture ensures that the person who really needs the property can have it with little difficulty or complications, since a disclaimant never truly owns the property. Furthermore, disclaiming a large gift could help minimize the size of your estate for the benefit of your family at the time of your death. Estates beyond a certain size have to pay steep estate taxes* before your money can go to your beneficiaries. By disclaiming gifts you don’t need, your family can avoid those taxes and enjoy more your hard-earned wealth.

Second, by disclaiming your half of the gift, you will not have to pay gift taxes on any amount you want to give to your sister. In 2014, the IRS limits the amount of cash that can be given tax-free to a particular individual. In this situation, if you were to accept the $200,000 and then try to give it to your sister as a cash gift, any amount over $14,000 given to your sister in a given year would count towards your lifetime gift limit.** Any amount of cash gifts which exceed that limit—$5.34million in a lifetime—will be subject to a gift tax of up to 40 percent. Ouch. To keep things simple and tax-free, disclaiming the inheritance is your best bet.

Deciding whether or not to disclaim is a big decision that can have serious benefits or consequences. In order to make the decision that is best for you and your family, speak with an experienced estate planning attorney before you act. If you need estate planning advice, call Lonich Patton Erlich Policastri to schedule a free half-hour consultation. Our attorneys are passionate about estate planning and have decades of experience handling complex estate planning matters, including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

*To learn more about estate taxes, click here: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Estate-Tax

**This is known as the “annual gift exclusion.” For those who are interested in learning more about the exclusion, click here:  http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Gift-Tax

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2014-03-21 12:07:252021-12-22 21:09:06The Disclaimer: An Arrow in the Savvy Planner’s Quiver

Philip Seymour Hoffman’s Will (Part 2): More Than Just Nickels and Dimes

March 7, 2014/in Estate Planning /by Michael Lonich

This is the second part of our series examining Philip Seymour Hoffman’s estate plan.

In the wake of Philip Seymour Hoffman’s untimely death, his estate planning documents have given us some insight into the actor and father of three. Hoffman’s estate plan was executed in 2004 and his will included some unique requests.*

Hoffman requested that the guardian of his children raise his oldest child, his son Cooper, in Manhattan, Chicago or San Francisco. He stated that “If my guardian cannot reside in any of such cities, then it is my strong desire, and not direction, that my son, Cooper Hoffman, visit these cities at least twice per year throughout such guardianship.”  And the reason that Hoffman preferred these cities? “[S]o that my son will be exposed to the culture, arts and architecture that such cities offer.”

Hoffman’s will serves as a reminder that a will can be about more than just money and property. Your will can be a place to memorialize your wishes for your family, pets, property, or anything else your desire. Although wishes like Hoffman’s are not legally binding, your family may appreciate the chance to act on your desires in your absence.  Your words could help your family make tough decisions in the future.

Hoffman’s will is a great reminder to get creative with our estate planning documents, for our family’s sake. If you’re interested in updating the language in your will, or would like to learn more about estate planning in general, call Lonich Patton Erlich Policastri to schedule a free half-hour consultation. Our attorneys are passionate about estate planning and have decades of experience handling complex estate planning matters, including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

 

*Read the original article that inspired this post, after the jump: http://celebrity.yahoo.com/blogs/celeb-news/philip-seymour-hoffman-s-will-revealed–did-not-want-son-raised-in-los-angeles-220210762.html

 

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2014-03-07 10:08:362021-12-22 21:11:34Philip Seymour Hoffman’s Will (Part 2): More Than Just Nickels and Dimes

Philip Hoffman’s Will: What Should He Have Changed?

February 27, 2014/in Estate Planning /by Michael Lonich

In a previous blog, we stressed the importance of updating your estate planning documents as your life changes. Using actor Paul Walker as an example, we explained how he made many excellent estate planning decisions during his young life. Yet, his estate plan still had substantial shortcomings due to a failure to update. Likewise, actor Philip Seymour Hoffman’s final will has recently been submitted into court with a similar, avoidable pitfall: his last will was signed in October 2004. Multiple significant life changes have occurred in the past 10 years that ought to have been, but were not, addressed in his will.

One particular final wish that stands out in Hoffman’s will is that the actor does not want his son, Cooper, to grow up in Hollywood. The late Oscar winner requested that Cooper – who was his only child at the time the document was written – to be “raised and reside in” Manhattan, Chicago, or San Francisco.

“If my guardian cannot reside in any of such cities, then it is my strong desire, and not direction, that my son, Cooper Hoffman, visit these cities at least twice per year throughout such guardianship,” Hoffman explained in the 13-page document. “The purpose of his request is so that my son will be exposed to the culture, arts and architecture that such cities offer.” This provision was the result of smart estate planning, because noticeably absent amongst those cities is Los Angeles, where Hoffman spent much of his working life. However, Hoffman leaves no question as to his intent for Cooper: he bolstered this provision in his will by explaining why those particular cities were chosen. A well-written will leaves no room to question the signor’s intent; no reason to think: “Maybe Mr. Hoffman simply forgot to include Los Angeles.”

Sadly, however, because Hoffman failed to update his will for so long, his intentions for his two daughters were not addressed. Hoffman went on to have two daughters after 2004, but no one will know what Hoffman wanted for his daughters Tallulah, 7, and Willa, 5. As we suggested in our previous blog, you should consider your estate plan to be a living and breathing document; as your life changes, your estate planning documents should accordingly change with it. The top three red flags that should signal you to update your will are:

  1. A change in your family,
  2. A change in your estate, and
  3. A change in the estate tax laws.

Since your estate plan should be constantly evolving along with your life and the law, having a good relationship with a reputable estate planning attorney is imperative. If you are interested in creating an estate plan or have any questions regarding your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters, including  living wills and trusts, and we are happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

Source: http://celebrity.yahoo.com/blogs/celeb-news/philip-seymour-hoffman-s-will-revealed–did-not-want-son-raised-in-los-angeles-220210762.html

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2014-02-27 09:34:132021-12-22 21:11:54Philip Hoffman’s Will: What Should He Have Changed?

Wise Beyond His Years: Paul Walker’s Estate Plan

February 13, 2014/in Estate Planning, Probate /by Michael Lonich

Paul Walker was not known for being one of the more prolific or intelligent actors of his era. Even so, the young actor made some sharp estate planning decisions during his short life, probably due to top-notch legal advice. Even so, his estate plan could have been better. Regardless of whether your estate is anything like Paul Walker’s $25 million estate, there are some great lessons* to be learned from Mr. Walker’s estate plan.

The Good

Paul Walker died at the much-too-young age of 40. However, he was smart and recognized that even young people need estate plans. Walker signed his will at 28 years old—an age when most young men still believe they are invincible. He should be commended for taking control of his future for the benefit of his loved ones.  Walker realized that accidents happen, and he was prepared. You should do the same.

Walker was survived by his 15-year-old daughter, Meadow, and he privately provided for her future with a trust. Unlike a will that must be processed through the state court system, trusts are completely private and avoid the onerous probate process. Trusts are relatively easy to create, are protected from public scrutiny, and most importantly, can help your loved ones get the assets they need much faster than in the case of a will.

The Bad

Although it is great that Walker named a guardian for his minor child (he named Meadow’s grandmother—his mother), he should have updated his choice with the passage of time. In 2001, his mother was 13 years younger and probably the most appropriate option. However, today, a younger family member could have been a better option in the event that his mother was not up to the task or physically incapable of being Meadow’s guardian.

Walker had both a will and a trust, which was smart at the time. Nevertheless, when he first created those documents, Fast and Furious had not become the monstrous success it is today. His financial picture has changed and his estate planning documents should have reflected those changes. Over a decade ago, he probably had no idea how much money he would be leaving his daughter; he couldn’t have. Furthermore, Walker’s estate will have to cover significant tax obligations before his beneficiaries receive their share; this obligation could have been avoided or  reduced with some creative estate planning and trust creation.

The Ugly

Walker’s long-time girlfriend, the woman he reportedly wanted to marry, was apparently left with nothing. Boyfriends and girlfriends have no legal relief in this sad scenario, and it happens far too often. It goes without saying that Walker would have wanted to take care of his girlfriend for the rest of her life. However, since he failed to update his estate plan, she probably will not receive a penny.

You should consider your estate plan to be a living and breathing document; when your life changes, your estate planning documents should change along with it. This is why having a great relationship with a reputable estate planning attorney is so important.  If you are interested in creating an estate plan or have any questions regarding your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters, including  living wills and trusts, and we are happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

 

*Post inspired by: Danielle and Andrew Mayoras, “Five Estate Planning Lessons From The Paul Walker Estate,” from Trial and Heirs: The Legacy Experts. Find the original article here: http://trialandheirs.com/blog/celebrities/paul-walker-estate-good-estate-planning-lessons

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2014-02-13 10:12:542021-12-22 21:12:31Wise Beyond His Years: Paul Walker’s Estate Plan

Creating a Will: Say What You Mean

November 4, 2013/in Estate Planning /by Michael Lonich

Writing a will has got to be easy. You just list your property and decide who receives what, right? Not necessarily. In reality, the process of writing a will is not that simple. Generally, a will is only interpreted once the author is no longer with us; if the language of your will is unclear, or your loved ones believe that you didn’t really mean what you said, chaos can ensue.

For example, in one California case,* a woman created a handwritten will that left a ten dollar gold piece and her diamonds to her niece. Everything else that she owned, all real and personal property, was left to a close family friend—and Roxy, her Airedale Terrier.  Since property cannot be left to an animal, the author’s loved ones took the will to Court. The family friend argued that the deceased intended to leave all of her real and personal property to him, while the niece argued that she should get Roxy the terrier’s half as the deceased’s sole heir. Since the document itself was silent as to what she wanted to happen in this situation, the Court had to determine what the author meant to say.

If the Court determines that, after looking at the facts of your case, the language of the will is susceptible to two or more meanings, outside parties are allowed to present evidence to prove what the author meant to say. This means that the author of the will loses control over the document. In the case mentioned above, the family friend received half of the property and the niece received the other half. It is anyone’s guess as to whether the deceased would be happy with that result.

If you want to avoid that type of loss of control, it is best to speak to an attorney. An experienced estate planning attorney can help you develop a will that is clear and unambiguous. Also, an attorney can help you determine what will happen if your chosen beneficiary passes away before he or she can receive the property. There are many situations that can complicate the way your will is interpreted, and it is best to think ahead and be prepared.

Wills can have a lot of moving parts; make sure you get the best advice possible. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

*In re Estate of Thelma L. Russell, 69 Cal.2d 200 (1968).

 

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2013-11-04 15:17:572021-12-22 21:17:20Creating a Will: Say What You Mean

Covering the Bases: How to Plan for Unplanned Death

May 22, 2013/in Estate Planning /by Michael Lonich

The wonderful world of estate planning can be strange and morbid at times. For example, when making a will or creating a trust, you might pose questions to yourself such as, “what if our plane goes down on our next family trip to Hawaii and there are no survivors – who should get our home and my stock options, then?” Considering such possibilities does not make you sick or twisted, it actually means you are prudent with your property. It is hard to discuss the unfathomable, but it is definitely smart to have a plan.

Creating a will or trust isn’t necessarily difficult, but potential complications arise when you start to consider what would happen if the person you intended to leave your wealth to dies before, or at the same time as, you. Having a will or a detailed trust is a great first step when it comes to protecting your life’s work and resulting assets. Nonetheless, it is important that the language of your trust or will accommodates a wide array of possible outcomes in regard to your estate.

Without question, you should select a secondary beneficiary for your will or any trusts you create. Additionally, you may want to discuss the inclusion of a ‘simultaneous death’ provision or determine what is to come of your estate if your primary beneficiary dies within thirty days after you – do you still want that individual’s estate to receive his share? Maybe you’d prefer to donate your property to charity if the beneficiary of your choice is unable to accept your estate. There are numerous contingencies that should be addressed in your estate planning documents.

It can be difficult to address complicated issues if you create a will or trust without the aid of an attorney. An experienced estate planning attorney can help you cover your bases, prepare for the unthinkable, and insulate your family from conflict by making your estate easy to settle. The attorneys at Lonich Patton Erlich Policastri have years of experience handling complex estate planning matters including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the estate planning attorneys at Lonich Patton Erlich Policastri for further information or to set up a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2013-05-22 15:36:502021-12-22 21:25:36Covering the Bases: How to Plan for Unplanned Death
Page 1 of 212
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

1 + 3 = ?

Link to: Contact Us

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

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, and San Benito. For a full listing of areas where we practice, please click here.

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

© 2023 Copyright Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

Scroll to top

LPEP COVID-19 Office Protocol