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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.
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How to Start a Legal Separation
/in Family Law /by Mitchell EhrlichMarriage is a legal, long-term partnership between two people who love each other and share their lives. Unfortunately, marriage might not always be the happy ending you imagined. Sometimes spouses realize that they want to live independently of each other, but there are compelling reasons to avoid divorce. A legal separation agreement might be an option in these cases.
What is Legal Separation?
As with divorce, legal separation is legally binding. Spouses live separately and maintain independent personal lives, but remain eligible to receive the financial and insurance benefits of a married couple because the legal ties of marriage remain intact. Both spouses sign a legal separation agreement that sets out the details of important issues like:
When to Choose Legal Separation
If you are considering divorce, when might you pursue legal separation instead? There are several situations or reasons that lead couples to choose legal separation, including:
Starting the Process of Legal Separation
Once you’ve decided on legal separation, what steps should you take?
It’s important to remember that just living separately is not the same as legal separation.
Helping Spouses Establish Legal Separation
Because the legal separation agreement sometimes serves as the basis for a later divorce settlement, it’s vital to develop this document carefully. An experienced lawyer can help you consider the future impact of both your personal and financial decisions.
The family law attorneys at Lonich Patton Ehrlich Policastri have a great deal of experience with clients who choose legal separation whether because of religious, financial, or business considerations. Contact us today at 408-553-0801 for a free, 30-minute consultation to discuss your goals and options. We can walk you through the process and make sure your best interests are protected.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
5 Tips for Navigating Child Custody
/in Family Law /by Virginia LivelySeparation and divorce are difficult, emotionally wrenching situations. When your children are involved, it can become even more stressful. You want the best for your children, and you also want to be as involved in their lives as possible. The following tips can help with navigating child custody issues with your co-parent.
1. Educate yourself about the child custody process and your rights
It’s important to have access to reliable information about child custody and parental rights in California. To help you make sense of this complex issue, the attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) offer a free download entitled, “Child Custody Myths vs. Facts.” Some of the most helpful information includes:
2. Make a good case for yourself
When determining custody issues, a judge will consider specific criteria with regard to the children’s living environment. It’s a good idea to be proactive and present yourself in the best light possible.
3. Stay organized and document as much as possible
Depending on your relationship with your co-parent, you may be required to prove that you are dependable, responsible, and able to care for your children well. Keeping detailed notes about the visitation schedule you have established, your children’s calendar (e.g., doctor’s appointments, school events, holidays, etc.) and child support payments will help demonstrate in court that you are a capable and involved parent.
Although the involvement of both parents is usually preferable, if your former spouse is abusive in any way, puts your children at-risk in an unsafe environment, or does not have appropriate living arrangements to host your children, it’s vital to document any of those negative situations and present them in court.
4. Maintain positive communication
Do your best to keep all communication with your ex-partner, especially written communication like emails and texts, as civil as possible. Fighting with your former spouse in public or in front of your children is clearly not in your children’s best interests and can make an already tense situation worse. Even if you feel that they are being unreasonable, it’s important to stay constructive and polite on your end. If your child custody negotiations become contentious, your former spouse will not be able to use your words and actions against you.
5. Hire an experienced family law attorney
Nothing is more important than being in your child’s life. Working out child custody and parental visitation issues can be daunting, especially when emotions are high. The experienced and compassionate family law attorneys at Lonich Patton Ehrlich Policastri understand the importance of family and can walk with you through the stresses of child custody litigation. Having experts on your side can help protect your parental rights and work toward the best possible outcome for your family. Call us today at 408-553-0801 to schedule a free 30-minute consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What is a Lifetime Transfer Strategy?
/in Estate Planning /by Michael LonichAre you seeking ways to manage and protect your family’s wealth and assets? A lifetime transfer strategy is an invaluable tool that allows for the planned process of transferring your assets throughout your life instead of upon your death.
What is involved in this comprehensive approach, and how is it crucial for preserving generational wealth?
What Can Be Transferred?
Lifetime transfers are a method of transferring and distributing assets to your designated beneficiaries during your lifetime rather than leaving them as part of an estate after death.
Assets that can be transferred during one’s lifetime typically include tangible items such as real estate, cars, jewelry, and furniture and intangible items such as stocks, bonds and company shares. Additionally, lifetime transfers can also involve the transferring of intellectual property, such as patents, trademarks, and copyrights.
What Are The Advantages and Disadvantages?
The primary advantage of a lifetime transfer is that it allows you to distribute your assets as desired during your lifetime, allowing you to control who will receive them and when. This helps to ensure that your estate planning goals are achieved in the most efficient way possible. Transferring assets during your lifetime often allows for more flexibility than a traditional estate plan.
On the other hand, there can be some drawbacks associated with a lifetime transfer strategy. One of the main drawbacks is that it may involve complex legal documents, which can be challenging to navigate without proper guidance. Additionally, applicable taxes or fees may vary depending on the value or type of assets being transferred.
It should also be noted that transferring assets during one’s lifetime often means relinquishing control over them and, therefore, can limit your ability to change your estate plan if you choose to do so at a later date.
Is There a Limit on the Amount You Can Transfer?
Generally speaking, there are no limits on the amount of assets you can transfer during your lifetime. But, any transfers over a specific monetary value may be subject to taxes.
As of 2023, you can transfer up to $12.92 million during your lifetime without incurring a gift tax. However, you can gift any individual $17,000 annually without incurring taxes or affecting the lifetime exception.
Can You Do a Lifetime Transfer Into a Trust?
When doing a lifetime transfer into a trust, it’s essential to understand the different types of trusts available and how they work. Revocable trusts allow the grantor (the person who creates the trust) to make changes or revoke the trust at any time. Irrevocable trusts cannot be changed once they have been created.
Is a Lifetime Transfer Strategy Right For You?
A good lifetime transfer strategy maximizes the benefits of transferring assets during life while minimizing future tax liabilities and ensuring adequate provision for dependants and other beneficiaries over time.
Because of the legal requirements and various regulations, it is essential to seek professional advice before proceeding with a transfer. Our attorneys at Lonich Patton Ehrlich Policastri have the expertise you need to create an estate plan that meets your specific needs. Call us today at 408-553-0801 or fill out our online form here to schedule a free 30-minute consultation. By making strategic decisions now rather than later, you can ensure peace of mind knowing that all matters relating to inheritance will be handled smoothly both during and after one’s lifetime.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How to Support Your Children During Divorce
/in Family Law /by Gretchen BogerDivorce is a difficult experience for any couple, especially one with children. Even if divorce is the best path forward for you and your partner, it can be a very challenging experience for children to navigate. It’s important to support your children throughout the process, but how do you do that? Let’s discuss how to best support your child during divorce.
How do children react to divorce?
Children react differently to divorce depending on their age, personality, and specific family circumstances. Some children feel very guilty and blame themselves, while others may start acting out and experiencing difficulties at school.
Younger children tend to not understand the situation and often experience confusion and sadness. Older children often experience worry and guilt, while teenagers may become angry, withdrawn, and not want to talk about the situation.
It’s important to support your child, regardless of how they react. Here are some simple steps you can take to help your children navigate this complicated time in their young lives.
Tips for supporting your child during a divorce
Contact us to discuss the complexities of divorce
At Lonich Patton Ehrlich Policastri, we take care of the legal side of divorce proceedings, leaving you with more time for what’s really important. With more than 100 years of combined litigation experience, you can trust our team of divorce litigation specialists to negotiate on your behalf and ensure you receive what you are entitled to during divorce proceedings.
Questions? Discuss your situation with a divorce litigation expert by calling 408-553-0801 or setting up a free consultation today.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How to Manage a High-Asset Divorce
/in Family Law /by Gina PolicastriDivorce is a difficult and emotionally draining experience, especially when high-value assets are involved. With family networks, businesses, investments, wealth management strategies, and other financial components at stake in the divorce proceedings, it’s important for divorced couples to consider all of their options before making any drastic decisions.
Regardless if you choose to settle or engage in litigation, there are specific considerations that you must take into account to ensure the fair division of assets and liabilities for both parties involved.
What is Considered a High-Asset Divorce?
A high-asset divorce involves significant assets of different types. This could include financial accounts, investments, real estate or other properties, business interests, and various personal possessions. Therefore, there are unique and complex issues when dissolving the marriage. They also typically involve other considerations, such as spousal support, child support, and tax liability issues.
As such, couples need to be aware of the special attention required for their situation so that everything is correctly managed and accounting for all assets can be as accurate as possible. Doing this ensures each party is fairly compensated according to their contributions toward the marriage.
What Assets Are Not Included in the Divorce?
California is a community property state, meaning that any assets or property obtained during the marriage is considered legally owned by both spouses and must be divided equally in a divorce. This includes all real estate, bank accounts, investments, retirement benefits, and other assets accumulated during the marriage. It’s important to note that it also encompasses all debts the couple incurred.
However, certain assets are exempt. These include inheritances or gifts received during the marriage and property acquired by either spouse before marriage.
Furthermore, a business started before the couple married won’t be considered community property. However, if the other spouse contributed to the growth of the company, then it may be regarded as a marital asset.
How Do I Prepare For a High-Asset Divorce?
Preparing for a high-asset divorce may seem daunting, but there are steps you can take to ensure that the process is as smooth and stress-free as possible. You must have comprehensive documentation of all assets and related information, including saving records related to investments, stocks, bank accounts, real estate holdings, business interests, and any other item with possibly confusing ownership laws. Hiring a forensic accountant may help with this process.
High-Asset Divorce Mistakes
A divorce is stressful, and couples must pay extra attention to avoid costly mistakes. Most commonly, divorcing spouses make the mistake of not fully disclosing all of their financial holdings. Whether intentionally or unintentionally, this omission can lead to accusations of fraud.
Another mistake is underestimating the complexity of these types of divorces. It’s vital that you partner with an experienced lawyer. Our attorneys at Lonich Patton Ehrlich Policastri will work with you to develop a strategy that protects your interests. Contact us for a free consultation to review your options. We will work diligently to ensure you receive what you are entitled to.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.