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Michael Lonich

About Michael Lonich

Specializing in Divorce and Estate Planning, I am San Jose Attorney, Michael E. Lonich; and I have been battling for client’s rights for nearly 40 years. When focusing on divorce, child custody, and related matters, I know all too well the emotional and financial toll divorce has on clients. Integrity, common sense, and a passion for what I do which guarantee the best possible results for my clients. Resolution of family law issues requires an attorney able to navigate the myriad legal and emotional issues presented in cases. Financial issues, child custody, domestic violence, valuation of property, analysis of RSUs, hidden assets, spousal and child support, all may require trial, mediation, or a collaborative effort with the parties. Regardless, each client gets the individualized attention they require. Every family law case is unique, we partner with you to develop a comprehensive approach to get the best results.

Entries by Michael Lonich

Maximizing Retirement: Where a Divorce Might Benefit You

January 30, 2012 in Estate Planning, Family Law /by Michael Lonich

If you’re elderly and divorced, you might be getting shorted on Social Security payments by collecting lower benefits than you might be eligible for, based on the earnings history of a former spouse.  (See Wall Street Journal Article)  A person can collect SS benefits based on (1) his or her own earnings, (2) fifty-percent of […]

Navigating Long-Term Care Insurance Policies

January 20, 2012 /1 Comment/in Estate Planning /by Michael Lonich

Long-term care (LTC) services assist an adult with day-to-day living to help them remain as independent as possible.  These services may become necessary at any age: an older adult may need LTC services as daily life becomes increasingly difficult; a younger person might need assistance following a disabling event or accident; and anyone may need […]

General Assignments Effectively Transfer Shares of Stock to a Trust

January 17, 2012 in Estate Planning /by Michael Lonich

Recall that in order to ensure the creation of a valid trust, there must be trust property.  See Ensuring the Creation of a Valid Trust blog.  Written declarations and general assignments generally are not the best ways to create trust property; however, they can be sufficient to transfer shares of stock, but not real property, […]

Estate Planning Considerations for Family Business Owners

January 12, 2012 in Estate Planning /by Michael Lonich

Family business owners should take extra care to ensure that their interests are protected.  Most business owners’ shares represent a large part of their estate’s value.  However, few take the time to lock in valuable estate planning benefits that come in the form of a buy-sell agreement. A buy-sell agreement can help protect an owner’s […]

Update: Gifts to Caregivers Prohibited

November 18, 2011 in Estate Planning /by Michael Lonich

Recall that gifts to caregivers are generally prohibited by law under California Probate Code section 21350.  (See blog: Gifts to Caregivers Prohibited noting what activities constitute “caregiving”).  However, section 21351, enumerates several exceptions to this general rule.  One of the exceptions—found in Section 21351(a)—provides that section 21350 does not apply if the transferor is related […]

2011 Tax Laws Affecting the Inheritance of Real Property

November 11, 2011 in Estate Planning /by Michael Lonich

In 2010, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act (Tax Relief Act) of 2010 extended the sunset of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) for two years through 2012.  For those who may be inheriting real property in 2011, it is important to note that the “step […]

Gifts to Caregivers Prohibited

October 31, 2011 in Estate Planning /by Michael Lonich

An estate plan may be created to do almost anything a person desires.  For example, a will can distribute the decedent’s personal and/or real property; passing on specific items to a relative, friend, or organization.  A trust can hold specific property or funds for a designated beneficiary; any and all terms of which may be […]

No-Contest Clauses in Trusts

October 28, 2011 in Estate Planning /by Michael Lonich

Trusts are incredibly useful estate planning instruments (see Testamentary versus Inter Vivos Trusts blog).  They can be drafted and administered in almost any way you want; they can even protect your heirs’ inheritance from creditors (see Spendthrift Clauses blog).  Another useful way to ensure that your estate is administered in a particular way is to […]

Executing an Estate: A Blessing or a Curse?

October 5, 2011 in Estate Planning /by Michael Lonich

Friends or family come into the role as the executor of an estate in different ways.  Some are asked by a friend or family member and are honored to have been considered.  Some find out they were designated as the executor only after that person’s passing.  Some step up to the plate amidst grief and […]

Despite Mandated Reporting Laws, Financial Institutions are not Subject to Civil Liability

September 28, 2011 in Estate Planning /by Michael Lonich

The elderly population in the United States has steadily been on the rise.  Between 1900 and 1996, the population of elders grew from 3 million to 34 million.  As the “baby boomer” generation begins to retire, our society will need to make several adjustments.  While the first thing that comes to mind when discussing the […]

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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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