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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
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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Family and Other Close Relationships Can Impact Your Child Custody Rights
/in Family Law /by Mitchell EhrlichJust recently, the mother of a one year old boy was stripped of her custody rights after her child was shot in her own home. The boy was accidentally shot by his 19-year old uncle. The child survived and is now on the road to recovery. Meanwhile, the father has been awarded custody and the mother has visitation rights.
In the recent court decision surrounding this case, the court was hesitant to make a final award of custody to the mother due to concerns over whether Escalante is capable of protecting her son against the shooter. She contends she has had no contact with the 19 year old and has changed her phone number. In addition, Escalante has completed court required parenting classes. To see the full article go to MSNBC.
This case is a prime example of how one horrific accident that was not directly caused by a parent, can dramatically impact that parent’s custody rights. If you are in the midst of a disputed custody case, keep in mind that the outcome of the case can be affected by the type of the individuals to whom you choose to expose your children. A court will consider a variety of issues when determining custody, including fitness of each parent and the type of environment the child will experience.
For more information on how to prepare yourself for a custody battle, contact the certified family law specialists at Lonich Patton Erlich Policastri. 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Automatic Temporary Restraining Orders
/in Family Law /by Julia LemonAutomatic Temporary Restraining Orders
Once a divorce or legal separation is filed, a set of Family Law Automatic Temporary Restraining Orders (ATROs) take effect. There are four standard mutual restraining orders that take effect automatically when the petition for dissolution is filed (as to the petitioner) and when the petition for dissolution is served (as to the respondent). The restraining orders restrain both parties from doing the following:
Spouses are also required to notify the other spouse of extraordinary expenditures at least five business days in advance and to account for these expenditures to the court. They are, however, allowed to use community, quasi-community, or their own separate property to pay an attorney.
It is important to speak to your attorney to determine what is within your purview to create, modify or change while your divorce or other legal action is pending.
For more information about divorce and restraining orders, please contact the divorce attorneys at Lonich Patton Erlich Policastri. 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Who Gets the Dog?! A Recent Case Sheds Light on Pet Custody
/in Family Law /by Julia LemonWhat do you do if you cannot imagine parting with Fido, Fluffy, or Rover, but you know your soon-to-be ex-spouse feels exactly the same way? A recent Maryland court decision dealing with pet custody addressed this very issue, and in a somewhat controversial move, awarded joint custody of the pet to both spouses. The spouses in this case both wanted custody of their beloved Shih Tzu mix, Lucky. After the judge considered both sides’ arguments, he decided the only fair option would be to award both spouses custody of Lucky for 6 months of the year.
In California, domestic pets, such as dogs and cats, are generally considered property. Thus, the approach taken by the Maryland court, which handled the pet custody issue in a method similar to child custody cases, is quite controversial.
In recent years, California has been more willing to protect pets throughout the divorce process. In fact, the California Family Code allows a court to grant one spouse the exclusive care, possession, or control of a pet. Likewise, a court can also order one spouse to stay away from a pet or refrain from taking, striking, harming or disposing of a beloved animal.
However, one of the main problems is that allowing a court the latitude to make such unique pet-custody rulings will result in further backlog an already congested court system. However, this approach can reach more equitable and satisfying outcomes for ex-spouses. For the full article, click here.
If you live in the Silicon Valley area and are concerned about what will happen to your beloved pet after your divorce, please contact the attorneys at Lonich Patton Erlich Policastri for more 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Thanks to Chau Law.
Unsettled Law Makes Estate Planning for Same-Sex Couples Challenging
/in Estate Planning /by Michael LonichNot all states recognize the rights of lesbian, gay, transgender, or bisexual (LGTB) partners to make end-of-life care decisions for their significant others. This can lead to distressing situations where a loved one’s wishes are ultimately disregarded. However, in California, most of the rights and responsibilities that apply to married couples also apply to same-sex registered domestic partners. Estate planning for same-sex couples remains complicated because there are many areas of unsettled law. For example, it is not clear if a certain provision of the California Family Law code imposing the same rights and responsibilities of marriage on domestic partnerships will be validly applied retroactively. This particular legal question makes it difficult for estate planning attorneys to properly characterize same-sex couples’ assets. In addition, there are legal distinctions for validly married same sex couples and registered domestic partners. [To date, same sex couples married in California between June 16, 2008 and November 4, 2008 as a result of the ruling in In re Marriage Cases, remain validly married.] An example of one such distinction is that the law is not clear on whether same-sex married spouses will be able to report their earnings as community property income on federal income tax returns. Currently, domestic partners are not allowed to report income as community property when filing federal returns.
An out-of-state example of a same-sex couple’s wishes not being honored arise from a case involving Janet Park. Park wanted to be cremated after she passed. However, instead of following the direction of Park’s partner of 22 years, the funeral home followed the instruction of Park’s aunt. Loss of a partner can be especially devastating to lesbian and gay partners who are not officially recognized as “widows” or “widowers.” In addition, many LGTB individuals are ostracized from their deceased partners’ family and left to grieve alone.
If you are a lesbian, gay, transgender, or bisexual individual, it is very important to have a strong estate and end-of-life plan in order to ensure that your wishes are followed upon your death. Don’t leave your partner powerless in making key financial and health care decisions for you when you are unable to make them for yourself.
For more information about securing your future, please contact us, Santa Clara, California Wills & Trust attorneys, at Lonich Patton Erlich Policastri. 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Please click here to read the full article.
Lifetime Gifts May Have Significant Tax Advantages
/in Estate Planning /by Michael LonichAn estate planning attorney can help you develop a plan that maximizes your assets and helps you take advantage of the estate and gift tax system. If you are considering leaving an asset to someone upon your death, you may be interested in learning about the tax benefits of an “inter vivos” gift. An inter vivos gift is a gift that is transferred during the giver’s lifetime.
Lifetime gifts have several tax advantages. These advantages are particularly helpful to individuals whose estate will likely be subject to federal estate taxation. Also, lifetime gift plans are particularly important for people whose estates will exceed the applicable estate tax exclusion ($3.5 million for decedents dying in 2009).
The main advantage of an inter vivos gift is that some, or all, of the gift may not be subject to transfer tax. The Internal Revenue Code provides that individuals may make gifts of $13,000 per year per donee without incurring gift tax liability and without having to file a gift tax return.
In addition, interspousal gifts provide the donee spouse with an adequate estate and also allow the donee spouse to use his or her annual exclusions and estate and gift tax exclusion amounts. The gift tax marital deduction is unlimited for a donee spouse who is a United States citizen. For non-citizen spouses, there is an inflation adjusted annual gift tax exclusion that totaled $128,000 in 2008.
For more information about lifetime gifts, please contact us. 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.