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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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Commonly Used Terms in Family Law
/in Family Law /by Lonich Patton Ehrlich PolicastriChild Support – Money paid by a parent to help support a child or children.
Spousal Support-the money paid to the divorced spouse or to the spouse with whom divorces proceedings are initiated, as compensation ordered by the court, for their support. In no-fault divorce it is also called as alimony.
Child Custody– used in the court of law in cases where the court has to decide on which parents, in case of divorce cases, and who be the guardian in any other case, of a child who is not yet 18 years of age regarding the social upbringing, education and health matters. The court has to make a decision on such cases very carefully as its a question of child’s future and present upbringing. Incase its found that both the parents are unfit of not of sound mind, the custody of the child goes relatives and orphanages.
Arrears – Money owed because a parent or spouse did not make a court ordered child or spousal support payment on time.
Prenuptial Agreement – a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved. These agreements are fairly common if either or both parties have substantial assets, children from a prior marriage, potential inheritances, high incomes, or have been “taken” by a previous spouse.
Postnuptial Agreement – a voluntary marriage contract between spouses that is created after their wedding. It is important that each party has their own legal counsel before signing a postnuptial agreement.
Qualified Domestic Relations Order – Any decree, judgment, or order that recognizes the right of one person (the alternate payee) to participate either totally or partially in the pension of another (the participant). The alternate payee must be a dependent child, spouse, or former spouse of the participant. This is an exception to the ERISA rule, proscribing the assignment of plan benefits. Abbreviated QDRO.
With help from the following sources:
http://www.legal-explanations.com
http://www.yourdictionary.com/law/qualified-domestic-relations-order
http://marriage.about.com/od/agreements/g/postnuptial.htm
http://dictionary.law.com/Default.aspx?selected=1585
Commonly Used Terms in Probate and Estate Planning
/in Business Law, Estate Planning /by Lonich Patton Ehrlich PolicastriBeneficiary – Someone who gets something from a trust. A person who gets money from a trust is called an income beneficiary. A person who gets property from a trust is called a remainder beneficiary.
Will – A legal paper that says what a person wants to happen to his or her personal property after s/he dies. The person who controls the Will can change or cancel it at any time before they die.
Probate Estate – All the assets in an estate that are subject to probate. This does not include all property. For example, property in joint tenancy, or an IRA account are not part of the probate estate.
Conservatorship – A court proceeding where a judge picks someone (a conservator) to take care of an adult’s personal needs (Conservatorship of the person) and/or his or her finances (Conservatorship of the estate).
Guardianship – A court proceeding where a judge chooses someone to care for a person under age 18 or to manage his or her property, or both. Guardianship of the person gives someone who is not the child’s parent custody and control of the child. Guardianship of the estate gives someone (parent or not) the right to manage the minor’s property until the child is 18.
Trust – A trust is when one person (trustee) holds title to property for the benefit of another person (the beneficiary). A person called the settlor (or trustor) creates the trust and puts the property in the trust. The settlor, trustee, and beneficiary can be different people. But, one single person could be the settlor, trustee and beneficiary.
Joint Tenancy – When 2 or more people own something and have rights of survivorship. This means that if 1 tenant dies, his or her share goes to the other tenants.
Totten Trust Account – A type of savings or checking account. The money that’s left in the account when the owner dies goes to the person the owner chose. It is not subject to probate. The same as P.O.D. (payable on death) accounts. P.O.D. accounts are more common.
Litigation – A case, or lawsuit. The people in a lawsuit cannot agree, so they present evidence and let the court decide.
Will Contest – When you challenge the validity of a Will in probate court. You can challenge a Will because: it was not executed properly; it was cancelled or revoked; the testator was not capable of writing it.
Executor – The person or company named in a Will to carry out the Will’s instructions. Usually, the probate court supervises the executor.
Letters Testamentary – Court papers that let someone be the personal representative of a probate estate.
Fiduciary – A person who acts for another person’s benefit, like a trustee, guardian, or personal representative. It also means something that is based on a trust or confidence.
Intestate – To die without a valid Will. Or, a person who dies without a Will.
Intestate Succession – State laws that say who gets a person’s property when s/he dies without a Will. Or, what happens if the Will does not say what to do with the property.
With help from the Superior Court of California, County of Santa Clara website.
http://www.scselfservice.org/probate/prop/FrequentlyAskedQuestions2.htm
Commonly Used Terms In Divorce Proceedings
/in Family Law /by Lonich Patton Ehrlich PolicastriDivorce – A common name for a marriage that is legally ended.
Mediation – When a neutral person (called a mediator) helps people who cannot agree to communicate so they can reach a settlement they both accept. A mediator does NOT give legal advice.
Mediator – Mediators are lawyers or professionals trained to solve disputes. They are neutral and help people settle on their own. The mediator does not decide the case.
Collaborative Law – A way to solve conflicts without going to court. Both sides have a lawyer, but they agree not to go to court unless it is impossible to settle.
Mandatory Settlement Conference – This is the last chance for people in a lawsuit to try to settle before trial. A judge or lawyer listens to both sides of the case and tries to find a solution that everyone agrees with. It is less formal than a full Settlement Conference.
Pro Tempore – Same as a pro tem, or temporary judge. A referee, commissioner, or lawyer who temporarily replaces a judge. Comes from the Latin for for the time being or temporarily.
Default – When a defendant doesn’t file an answer in time or go to court when s/he is supposed to. If the defendant was properly notified, the judge can decide the case without him or her.
Proceedings – Usually, the process of conducting judicial business in front of a court or other judicial officer. A proceeding is any of the separate steps in that process, like, a motion or hearing.
Order to show cause – A court order that makes someone go to court to explain to the judge why s/he did not follow the rules. If someone doesn’t follow the rules, the judge can fine or punish that person in other ways.
Petitioner – A person who presents a petition to the court.
Respondent – The person who answers the original Petition.
With help from the Superior Court of California, County of Santa Clara website.
http://www.scselfservice.org/fam/default.htm
Text Messaging During a Divorce
/in Family Law /by Julia LemonAs a recent article points out, text messages, along with other types of electronic media, are frequently coming into play and presenting new concerns for those in the midst of a divorce proceeding. Text messages sent to a spouse, friend, or new partner during a divorce proceeding often “reveal intentions, intimate details and negotiation strategies” and may be subpoenaed and recovered during the proceeding, even if deleted from your phone after sending. Accordingly, take care when text messaging, emailing, or using other social networking sites during a divorce proceeding to avoid unintended consequences.
http://www.reuters.com/article/idUS187839+03-Nov-2009+PRN20091103
What is involved in estate planning?
/in Estate Planning /by Michael LonichThere are many issues to consider in creating an estate plan. To begin with you should, ask yourself the following questions:
Once you have some answers to these questions, you are ready to seek the advice and services of a qualified lawyer. The attorneys at Lonich Patton Erlich Policastri can help you create an estate plan, and advise you on such issues as title to assets and the management of your estate.
Courtesy of the State Bar of California