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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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The Strangest Wills of All Time
/in Estate Planning /by Michael LonichThe Huffington Post recently compiled a list of 7 of the weirdest, but very real, wills of all time. Although some are foreign wills, the article serves to remind us that wills are a powerful tool. Creating a will allows us to control the disposition of our property, and fulfill some last wishes.
1. The Original “P.S. I love you”
Comedian Jack Benny left a provision in his will instructing a local florist to deliver a red rose to his wife every day for the rest of her life.
2. A Dog’s Life
Businesswoman, Leona Helmsley, left her dog “Trouble” 12 million to inherit. (Although a judge later reportedly reduced the inheritance to 2 million)
3. The Talking dead
Magician, Harry Houdini’s, last wishes included a request for his wife to hold a mini séance every year on the anniversary of his death. Houdini had promised to contact his wife after death and they even agreed upon a phrase that he would say as confirmation that it was him really speaking. His wife, however, quit the séances a decade after his death.
4. The unhappy husband
German poet, Heinrich Heine’s wife was set to inherit all his assets upon the fulfillment of one condition, she had to remarry. His will reportedly read, “because, then there will be at least one man to regret my death.”
5. The Stork Derby
Toronto businessman, Charles Miller’s, left his fortune to the married woman in Toronto who could birth the most children in the decade following his death. The stork derby, as the race for the fortune later became labeled, eventually led to a 4 woman tie, each producing 9 children.
6. The unfitting funeral
Writer, F. Scott Fitzgerald, initially wrote in his will that his funeral should be “suitable” and “in keeping with my station in life.” However, by the time he died, Fitzgerald had changed his will to say it should be the “cheapest” funeral because Fitzgerald had gone into debt.
7. Controlling from the grave
Real estate millionaire, Maurice Laboz, who died in 2015 left his nearly $40 million estate to his 2 daughters. His daughters are set to receive the inheritance at 35, but can receive bonuses before, if they adhere to certain rules. For example:
1) Daughter, Marlena, will receive 500,000 upon marrying, but only if her husband signs a sworn statement promising to not touch the money
2) Marlena will receive another 750,000 if she graduates from an accredit university and writes an essay “100 words or less describing what she intends to with the funds”
Source: http://www.huffingtonpost.com/entry/7-of-the-most-unusual-wills-of-all-time_us_55fb0059e4b0fde8b0cd5bc5?utm_hp_
If you would like to learn more about wills or avoiding probate in general, call Lonich Patton Erlich Policastri to schedule a free half-hour consultation. Our attorneys are passionate about estate planning and have decades of experience handling complex estate planning matters, including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.
4 questions to ask before hiring a mediator
/in Family Law /by Riley PenningtonMediation can be very helpful for spouses going through a divorce. Ensuring a successful mediation requires choosing the right mediator. Before deciding to work with a mediator, parties may consider speaking to those who have worked with him or her in the past. Below are a few suggested questions to ask those who have worked with the mediator:
1.Did the mediator develop a relationship of trust and confidence with you?
2.Was the mediator patient yet tenacious?
3. Would you hire this mediator again?
4.Was the mediator creative?
Sometimes our issues don’t have an easy solution. For example, deciding a custody holiday schedule or deciding who will keep the marital home, can make it difficult to reach an agreement. Hire a mediator that you know is prepared to deal with these complex issues.
While divorce mediation works in many situations, it is not always appropriate. Litigation is often the best option in situations where there is domestic violence, one party refuses to cooperate in making required disclosures, or communication between the parties is impossible. If you have any questions about divorce mediation and would like to speak to an attorney, please contact Lonich Patton Erlich Policastri for further information. Keep in mind 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.
Source:
“Even his opponent called him an ‘excellent family lawyer'”- AVVO reviewer
/in Firm News /by Lonich Patton Ehrlich PolicastriMitchell Ehrlich is a partner and certified family law specialist at Lonich Patton Erlich Policastri. He practices exclusively in the firm’s family law practice handling a wide variety of complex family law issues.
Mitchell is very aware of the fact that he practices in a field in which, quite often, his clients and their children are in the midst of an emotionally stressful and financially difficult situation, where their futures seem uncertain and making decisions can be difficult. Accordingly, he endeavors to offer his clients his valuable experience, counsel and advice in not only the many complicated legal issues they face, but also the short term and long term impacts of their decisions on their families.
One AVVO reviewer stated the following: “If you are looking for an elite, top of the class family lawyer, try Mitchell Ehrlich in Lonich Patton Erlich Policastri San Jose. My husband hired one of the most aggressive law firms and kidnapped our daughter to start a divorce. Most lawyers didn’t want to deal w/ that notoriously aggressive law firm. Mitch was not intimidated by them at all . . . I’m forever grateful for Mitch getting the justice done. Mitch seems to also have a strong network in the legal community in Santa Clara County and is familiar w/ other lawyers and judges. He is well known for his knowledge in family law and even his opponent called him an “excellent family lawyer.”
If you have any questions about divorce or any other issue, the Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri for further 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.
http://www.avvo.com/attorneys/95126-ca-mitchell-ehrlich-39856/reviews.html
3 requirements for a successful mediation
/in Family Law /by David PattonMediation allows parties to work in a collaborative environment and reach an agreement satisfying to both sides. The enclosed article suggests mediation as a first step in solving problems and reaching voluntary agreements. Instead of using mediation as a last resort, the article recommends using it as the first step to work out solutions. In particular, using mediation, a less formal alternative than court, makes it less likely that parties will react defensively or overstate their claims. Although the article discusses mediation in a business context, the following three suggested requirements for a successful mediation also serve well in divorce mediation:
(1) a willingness on the part of all the relevant parties to work together to resolve the problem or deal with the situation;
(2) the availability of a trusted “neutral” with sufficient knowledge and skill to manage difficult conversations; and
(3) an agreement on procedural ground rules (i.e., confidentiality, timetable, agenda, good faith effort, etc.)
While divorce mediation works in many situations, it is not always appropriate. Litigation is often the best option in situations where there is domestic violence, one party refuses to cooperate in making required disclosures, or communication between the parties is impossible. If you have any questions about divorce mediation and would like to speak to an attorney, please contact Lonich Patton Erlich Policastri for further information. Keep in mind 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.
Source:
http://www.pon.harvard.edu/daily/mediation/mediation-as-problem-solving/?mqsc=W3827538&utm_source=WhatCountsEmail&utm_medium=PON%20Harvard+Neg%20Insider%20%28Tuesday/Thursday%29%20Standard%20Rule+Neg%20Insider%20%28Tuesday/Thursday%29%20Standard%20Rule&utm_campaign=Neg_WIR_02272016
Uncovering hidden assets during a divorce
/in Family Law /by Mitchell EhrlichDivorces can get ugly. Someone who was once your world suddenly becomes your enemy. One area that can get especially messy is property division. One spouse may try to hide assets in hopes of preventing the other spouse from benefiting from them. Although such action can lead to legal consequences, some spouses, nonetheless, attempt to do so.
The first step should be to try to get the information from your spouse. In an ideal world your spouse will be upfront about all the assets. But if your spouse is uncooperative or you suspect your spouse is hiding assets, it is probably best to contact an attorney to guide you through this process. An attorney can assist you in obtaining financial information from your spouse by using the discovery process.
Some of the discovery tools include:
Document demand: Your attorney can ask your spouse to produce financial documents such as bank statements, tax returns, and recent pay stubs.
Interrogatories: This allows your attorney to ask specific questions to which your spouse will have to answer in writing or admit specific statements that you believe are true.
Inspection demands: This allows you to inspect property that you believe may be of value.
Deposition: During a deposition, your spouse will answer questions under oath. You, your spouse, attorneys and a court reporter will be present. Because this is under oath, your spouse may be penalized for “perjury” if it is discovered he has provided false information. Thus, a deposition is a great way to put some pressure on your spouse to tell the truth.
Perhaps the most powerful aspect of discovery is that if your spouse fails to comply with a request, you may ask the court to order your spouse to furnish financial documents. If your spouse still fails to produce the documents or information requested, the court may impose a “sanction” which can result in a judgment against your spouse on a particular issue or a monetary award for you.
If you have any questions about divorce or any other issue, the Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri for further 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.
Source: http://www.divorcenet.com/topics/hiding-money-and-assets-a-divorce