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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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How Do I Protect My Business In A Divorce?
/in Family Law /by Gretchen BogerDivorce is a complex landscape of emotions, decisions, and division of assets, and for entrepreneurs, the stakes can be even higher. Amid the personal upheaval, protecting a business you’ve poured your sweat, tears, and dreams into is essential. The intertwining of personal and business assets adds layers of complexity to the already challenging process of divorce. In this article, we’ll offer insights and strategies to help business owners safeguard their enterprises during divorce proceedings.
Understanding the stakes
In divorce, the treatment of business assets can significantly impact the outcome. The distinction between community property and separate property plays a pivotal role in determining what portion, if any, of the business might be subject to division.
Community property laws often consider businesses established during the marriage as joint assets, while pre-existing businesses might face evaluations for spousal claims. Navigating these legal distinctions is crucial in understanding the potential impact of divorce on your business’s ownership.
If you don’t have proper planning in place, divorce could possibly result in frozen business assets. For small or family-owned businesses, this can have a significant impact on your ability to run your business.
Protective measures for business owners
So, what can business owners do to protect their properties? Here are three protective measures you can take that may help to safeguard your business during divorce.
Prenuptial and postnuptial agreements
These legal agreements delineate the treatment of business assets in the event of divorce. They can specify the division or exclusion of business interests, offering a layer of protection for your business in the event of divorce.
Strategic business structuring
Careful structuring of the business entity and ownership arrangements can fortify its protection. Utilizing trusts, shareholder agreements, or creating a buy-sell agreement can safeguard the business’s integrity during divorce proceedings.
Comprehensive documentation
Diligent record-keeping and documentation practices establishing the business’s separate identity and value before and during the marriage can substantiate its status as separate property. This can potentially shield it from being considered as a marital asset during divorce proceedings.
Navigating divorce proceedings
In the midst of divorce proceedings, protecting a business requires a delicate balance between legal knowledge and strategic foresight. It’s a good idea to contact specialized legal counsel, well-versed in both business and divorce law to help you navigate this complex landscape.
Experienced attorneys can guide you through the processes of valuation, negotiation, and settlement, while advocating for equitable resolutions and safeguarding your business as much as possible.
Protect your business assets with LPEP Law
At Lonich Patton Ehrlich Policastri (LPEP Law), our family law attorneys are highly experienced in representing business owners who are considering divorce. We have previously represented many clients in high-asset divorce situations, and have over a decade of experience to call upon.
LPEP Law has worked with numerous clients over the years, including many small business owners dealing with divorce. Our family law experts work together with experienced business litigation attorneys to help protect your business and business assets during a divorce.
Contact LPEP today to set up a free consultation to discuss your specific needs.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Estate Planning for Artists: Protecting Your Intellectual Property and Legacy
/in Estate Planning /by Michael LonichEstate planning ensures that your wishes, with regard to all your assets, are carried out after your death or if you become incapacitated. When most people think about estate planning, their minds immediately go to their tangible assets – house, car, jewelry, business, savings account, etc. For artists and other creators and innovators, though, estate planning should also extend to intangible assets like intellectual property and protecting the legacy of your artwork.
Your intellectual property and artwork are unique assets that deserve special consideration. The following are some things to consider and some steps you can take to help make the process easier for your beneficiaries, minimize future legal issues, and preserve your legacy as you see fit.
Choose A Reliable Executor
One of the most important decisions you need to make is who will be responsible for administering your estate on your behalf. When your estate includes artwork, it can be helpful to choose someone with expertise in this area. Certain intellectual property, especially patented ideas or products, require some maintenance like paying fees or re-filing with the U.S. Patent and Trademark Office after expiration. Your spouse, children, or other beneficiaries might not be equipped to keep up with the necessary paperwork and maintenance.
Prepare Your Portfolio
To properly account for all of your creative assets, create a detailed inventory of your work. Be sure to include digital art, music, written works, photography, ceramics, paintings, etc. Make a note about where all of your art is located, including if it is publicly displayed, and how to access it and all related documentation (i.e., contact information of curators, passwords, keys, codes, files, etc.).
If you have not already done so, have a professional appraise the value of your artwork. Once you know the monetary value, insure your artistic assets as well. Don’t forget to make a special note about any artwork that generates royalties for your estate.
Make sure that your chosen executor, as well as your spouse, your attorney, or anyone else you choose, has access to the catalog of your work, the appraisal, relevant documentation, and information about how to access your assets.
Consider Your Legacy
Some questions to think about as you consider your legacy include:
While it’s never easy to think about the end of our lives, having a plan in place can give you much-needed peace of mind that your legacy and your family will be protected in your absence.
Consult With An Estate Planning Expert
The attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) have a wealth of experience in estate planning, estate and trust administration, litigation, and probate. They can guide you through this complicated process and go over all your options to determine what’s best for your unique situation, including minimizing the taxes on your estate and maximizing charitable benefits, especially if you choose to donate your art. Get started today. Schedule your free, 30-minute consultation with the experts at LPEP Law by calling (408) 553-0801.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
When is a Collaborative Divorce Appropriate?
/in Family Law /by Virginia LivelyIt’s no secret that divorces can be costly, time-consuming, and emotionally exhausting. Some people stay in bad marriages rather than go through the expensive turmoil associated with most divorces. However, there is another option to the traditional divorce process – a collaborative divorce. Could a collaborative divorce be appropriate for you?
What is a Collaborative Divorce?
A collaborative divorce is a method of dissolving a marriage that emphasizes cooperation and respect. Instead of approaching divorce as a contentious, adversarial process, a collaborative divorce encourages the couple to work together to reach a mutually beneficial agreement. This form of alternate dispute resolution (ADR) aims to minimize conflict and promote a healthy, amicable resolution.
While a collaborative divorce may not work for all divorce cases, it could be appropriate in the following circumstances:
The Benefits of a Collaborative Divorce
One of the key advantages of a collaborative divorce is the control it provides to the couple. Instead of leaving decisions to a judge, the spouses have the power to negotiate and decide on the terms of their divorce. This process also tends to be less adversarial, reducing emotional stress and promoting healthier communication between the parties.
Furthermore, because the process is designed to avoid court, it can potentially save time and money. While the collaborative process does involve costs (such as attorney fees and costs for other professionals), these can often be less than the costs associated with a protracted court battle. Additionally, the couple is not at the mercy of the court’s schedule, so the process can usually be concluded relatively quickly.
The Collaborative Divorce Process
A collaborative divorce begins with each spouse hiring a collaboratively trained attorney. The couple and their attorneys then sign a participation agreement, committing to resolve their issues without going to court. If they can’t reach an agreement and decide to litigate, both lawyers must withdraw from the case. This stipulation is intended to encourage everyone involved to commit fully to finding a resolution through collaboration.
The next step involves a series of four-way meetings between the spouses and their attorneys. These meetings provide an opportunity for open discussion and negotiation, where all assets, debts, and issues related to children (if applicable) are addressed.
In addition to legal counsel, couples may involve other neutral professionals such as financial advisors, child specialists, and mental health professionals. These experts can provide guidance on complex issues like asset division, child custody, and emotional stress. The goal is to create a divorce agreement that respects the needs and interests of both parties.
Reach out to our attorneys at Lonich Patton Ehrlich Policastri if you think a collaborative divorce might be right for you or if you have questions about the process. We understand that divorce is a personal matter and will help you find the best option for your situation.
Contact us for a free consultation by filling out our online form or calling (408) 553-0801.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What to Know About Harassment
/in Family Law /by Mitchell EhrlichIn recent years, people have come to associate harassment with misconduct in the workplace. However, this unacceptable behavior can take many forms and occur in various settings.
Therefore, it’s important to know when and where harassment can take place and what your options are if you find yourself in such a troubling situation.
The Many Forms of Harassment
Harassment is an unwelcome behavior that intimidates, offends, or creates a hostile environment. It can be deeply damaging to the person experiencing it. Here are some common forms:
Sexual
This is one of the most widely recognized forms of harassment. It involves any unwanted sexual advances or obscene remarks, which can range from inappropriate comments to physical assault. It often occurs in a situation where the harasser is in a position of power over the victim.
Workplace
This type of harassment occurs when an employee is subjected to unwelcome conduct from a colleague. It may include bullying, unfair treatment, or offensive jokes. It can lead to a hostile and toxic work environment and may significantly affect an individual’s job performance and mental health. While workplace harassment can be towards anyone, it is prevalent among women from marginalized races and ethnicities.
Online
With the rise of digital communication, online harassment has become increasingly prevalent. It can include cyberbullying, stalking, doxxing (publicly revealing private information), and trolling.
Racial
Racial harassment targets individuals based on their race or ethnicity. It can involve racial slurs, derogatory comments, or acts of violence. It serves to demean, belittle, or intimidate individuals because of their racial background. Sometimes, global events can increase harassment towards a particular race, such as the proliferation of hate crimes against Asian Americans during the COVID-19 pandemic.
Stalking
This involves unwanted and obsessive attention by an individual toward another person. Stalking behaviors can include following the victim, appearing at their home or place of work, making harassing phone calls, leaving written messages or objects, or vandalizing the victim’s property.
Harassment can be a traumatic and distressing experience, but it’s vital to know there are options available. The first step is acknowledging the situation and understanding that it’s not your fault.
Keep a detailed record of each incident, including the date, time, location, people involved, and what was said and done. If possible, save emails, texts, social media posts, or any other form of communication as evidence.
If harassment occurs in the workplace, you will need to report it to a supervisor or the human resources department.
In California, harassment can be either a misdemeanor or a felony, depending on its form. Therefore, if the harassment continues or involves physical assault or threats, you need to reach out for legal advice. Our attorneys at Lonich Patton Ehrlich Policastri can review your situation and provide you with the help you need. We have extensive experience in protecting our clients from the many forms harassment can take and guide you through the process of obtaining a protective or restraining order.
Contact us for a free consultation by calling (408) 553-0801. Remember, you have every right to feel safe and respected.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What Often Gets Overlooked In Retirement And Estate Planning?
/in Estate Planning /by Michael LonichWhen it comes to retirement and estate planning, there’s a lot to think about. Amidst the complexities and uncertainties of the future, certain critical elements often get overlooked or are underestimated as we do our best to plan for the future.
In this article, we’ll explore some of the often-overlooked considerations in retirement and estate planning. This knowledge can help you make more informed and comprehensive preparations for your retirement and the transfer of your assets to future generations.
What is the difference between retirement and estate planning?
Retirement planning and estate planning are two distinct yet interconnected financial processes, each serving unique purposes in your financial life. Retirement planning involves setting financial goals for your retirement, ensuring you’ll have enough money to live comfortably after you stop working. On the other hand, estate planning is the process of setting up a plan for the transfer of your estate to your beneficiaries.
Retirement planning: Factors that are easy to overlook
Retirement planning involves much more than simply setting aside a portion of your income in a retirement account. While most of us diligently save for our retirement years, there are several factors that we often overlook. These aspects can have a profound impact on our quality of life during retirement. Here are a few key considerations that are commonly underestimated:
As you can see, retirement planning involves careful consideration of many different factors. To ensure a secure and comfortable retirement, it’s essential to take these often-overlooked elements into account and seek professional guidance when needed.
Estate planning: Key factors to consider
Estate planning is the process of arranging for an efficient and orderly transfer of your assets to the beneficiaries you’ve chosen upon your passing. While many recognize the importance of estate planning, certain crucial factors within this realm are often underestimated or overlooked, including:
To ensure your estate is managed in accordance with your wishes and to minimize potential complications for your loved ones, it’s crucial to give careful thought to these often-overlooked factors in your estate planning endeavors.
Contact LPEP for expert retirement and estate planning
Consulting with an experienced estate planning attorney can help you create a comprehensive plan that safeguards your legacy and provides peace of mind for both you and your family. At Lonich Patton Ehrlich Policastri (LPEP Law), our experienced attorneys have exceptional attention to detail to make sure these critical factors aren’t overlooked when it comes to your retirement and estate planning.
Contact our team for a free consultation today.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.