July 2012 - Lonich Patton Ehrlich Policastri

Costs of a Conservatorship

July 19, 2012/in Estate Planning, Probate /by Michael Lonich

There are approximately 1,500 elderly and incapacitated adults whose lives and finances are overseen by Santa Clara County’s probate court. A recently concluded six-month Mercury News investigation found a small group of the county’s court-appointed personal and estate managers are handing out costly and questionable bills — and charging even more if they are challenged. (Full article: http://bit.ly/QJIURm)

Reportedly, Santa Clara County judges are taking this investigation seriously, and will be making changes within a matter of weeks. To help you understand how a conservatorship can get costly, we included a chart below, which was graciously provided to us by Karen de Sá and Doug Griswold at the Mercury News. You can click on the chart to make it larger.

If you are interested in learning more about creating a conservatorship or estate planning in general, contact the experienced 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.

Residency Requirement for Divorce

July 16, 2012/1 Comment/in Family Law /by David Patton

Part Two of a blogging series covering legal issues presented in the Cruise and Holmes divorce.

Katie Holmes filed for divorce in New York, but could she have filed in California instead? At the heart of this issue is if Holmes has met the New York residency requirement. Though a divorce settlement has reportedly been reached between Cruise and Holmes, just last week there was a dispute surrounding the simple filing of the action.

To file for divorce in California, one of the spouses must be a resident of California for six months and a resident of the county for the three months immediately preceding the filing. New York has a longer residency requirement. Holmes has allegedly been secretly renting an apartment in New York on her own for the past year, so she may be able to establish residency.

Residency requirements can be complicated, but the Certified Family Law Specialists* at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. If you find yourself on either side of a divorce, contact the Certified Family Law Specialists* at Lonich Patton Erlich Policastri for further information.

*Certified Family Law Specialist, The State Bar of California Board of Legal Specialization

Grounds for Divorce in California

July 5, 2012/in Family Law /by Mitchell Ehrlich

Part One of a blogging series covering legal issues presented in the Cruise and Holmes divorce.

In the midst of Tom Cruise and Katie Holmes’ divorce, you might be wondering what the grounds are to file for divorce. No, Katie Holmes cannot cite “Dislike for Scientology” or “We’re Just Friends” as a basis for relief.

In California, a divorce can be sought only on the grounds of irreconcilable differences or incurable insanity. California is considered a “no-fault” state. The irreconcilable differences ground is purposely broad. It is intended to represent the actual reasons underlying marital breakdowns and at the same time make irrelevant questions of fault or misconduct by either party.*

Holmes filed for divorce in New York** citing a “no-fault” cause of action called “irretrievable breakdown.” In addition, New York recognizes six other grounds for divorce. As a result of citing “irretrievable breakdown,” neither Cruise nor Holmes can play the “blame game.” It will be interesting to see how the case unfolds and whether or not the parties are able to reach agreements to keep the case out of court and out of the spotlight as much as possible.

The Certified Family Law Specialists*** at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. If you find yourself on either side of a divorce case, contact the Certified Family Law Specialists*** 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.

* See Marriage of Walton (1972) 28 Cal.App.3d 108, 119.

** Venue, aka proper county for trial, will be featured in Part Two of the blog series next week.

*** Certified Family Law Specialist, The State Bar of California Board of Legal Specialization

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