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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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Spanking: proper punishment or child abuse?
/in Family Law /by Riley PenningtonThere comes a time for all parents when we must determine how to properly discipline our children. Not only must we choose a punishment that will work, but we must also be mindful of punishment that may be too harsh. In a recent case, the Department of Children and Family services initiated a case against a Los Angeles mother who spanked her children on the buttocks with her bare hand and with a sandal. The Juvenile court found that dependency jurisdiction existed stating that “hitting children with shoes is not a proper form of discipline, and it’s physical abuse.”’
The Court of Appeals, however, found that spanking is not a per se form of abuse. While this case is not an open invitation to spank your child, it does illustrate the court’s adherence to the long standing principle in California that parents have a right to “reasonably discipline his or her child.” But how do we know when our form of punishment is reasonable and not child abuse? The court noted three factors that must be taken into account by a court before making a finding of child abuse, based on spanking or any other form of discipline:
(1) Whether the parent’s conduct is genuinely disciplinary
(2) Whether the punishment is necessary (warranted by the circumstances); and
(3) Whether the amount of punishment was reasonable or excessive.
This standard allows for parents to reasonably discipline their children while protecting children from disguised abuse. Disciplining a child, may therefore be mere punishment or abuse, all depending on the circumstances.
If you have questions about the impact of child abuse allegations in your child custody matter, 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://blogs.findlaw.com/california_case_law/2015/11/spanking-is-not-child-abuse-court-rules.html
IN RE D.M., 242 Cal. App 4th 634 (2d Dist. 2015)
How to protect your assets, even if you didn’t win the billion dollar powerball
/in Estate Planning, Probate /by Michael LonichAfter the historical $1.5 billion jackpot was finally won, it is time for many of us to consider how to protect our assets during our lifetime and after. Although winning the lottery may not be something we will experience, many of us do have valuable assets that we would like to protect when we are gone. Therefore, this year it might be time to give your estate plan a review.
An important tool in estate planning to consider is the living trust (also called a revocable living trust). In its simplest form, a living trust is a written agreement which sets forth what happens to your assets in the event of your death. One of the greatest advantages of a living trust is that it protects your estate from the probate process, which can be time consuming and expensive. And while a living trust is primarily used as a convenient and efficient way to distribute your assets upon death, you still maintain control over all your assets during your lifetime. Therefore you can alter, add or revoke the living trust at any time for any reason.
In many situations, a trust is the best way to achieve your goals. With a trust you can:
Probate, on the other hand, is the process the court utilizes to manage the affairs of a decedent’s estate. In contrast to a living trust, the probate process, in most metropolitan areas in California, can take about 6- 18 months. This delay creates additional expenses that can consume 3% to 6% or more of the gross value of the probate estate.
At Lonich Patton Erlich Policastri, our estate planning attorneys don’t believe in offering services that are “one size fits all.” We understand that each family has particular needs and concerns, and we can customize our estate planning services to meet these specific needs and ensure that your long term wishes are carried out. If you are interested in nonprobate transfers or have any questions regarding your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters, including nonprobate transfers, and we are happy to offer you a free consultation. 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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Source:
http://www.forbes.com/sites/deborahljacobs/2012/01/04/make-a-new-years-resolution-to-give-your-estate-plan-a-checkup-2/#2715e4857a0b7be8584f7cf0
Gina N. Policastri Receives 2016 Avvo Clients’ Choice Award
/in Firm News /by Lonich Patton Ehrlich PolicastriGina Policastri, partner at Lonich Patton Erlich Policastri, was recently awarded the 2016 AVVO Clients’ Choice Award. To obtain this award, an attorney must receive five or more 4 or 5 star client reviews on AVVO within a year. Gina did this in the first 21 days of 2016! Gina’s award reflects her reputation for high quality and compassionate legal representation. As one recent client reviewer stated, “Gina is a highly competent, intelligent and witty attorney. She understands family law, knows your rights, is highly proactive and will fight for you and your children. Don’t hesitate to meet with Gina, you will be impressed with her professionalism and compassion for your situation and needs.”
Gina Policastri is a Certified Family Law Specialist. She handles all areas of family law including high conflict custody cases, complex business valuation and asset division issues and complicated child and spousal support matters.
Important Estate Tax Figure for 2016
/in Estate Planning /by Michael LonichFor 2016, the federal estate tax exemption has increased to $5.45 million per individual, up from $5.43 million in 2015.
The estate tax is a tax on the value of your estate which exceeds the estate tax exemption. Your estate consists of the fair market value of everything you own or have interest in at the time of your death. The total of all of these items is your “Gross estate.” Once your Gross estate is accounted for, certain deductions are allowed and thus your “taxable estate” is determined.
After the net amount is computed, the value of lifetime taxable gifts (beginning with gifts made in 1977) is added to this number and the tax is computed. The tax is then reduced by the available unified credit.
Many relatively simple estates do not require the filing of an estate tax return, however you should consult with an estate attorney. A filing is required for estates with combined gross assets and prior taxable gifts exceeding $5.45 for 2016.
Estate planning is a highly complex area of law. If you are interested in creating a trust for your family business or have any questions regarding your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters, including family business trusts, and we are happy to offer you a free consultation. 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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Sources:
IRS 2016 tax: https://www.irs.gov/pub/irs-drop/rp-15-53.pdf
https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Whats-New-Estate-and-Gift-Tax
https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Estate-Tax
What happens to the children after a split when you are not married?
/in Family Law /by Virginia LivelyThe Kardashians always seem to be in the news. While the Kardashians are widely known for their expensive lifestyle and new fashion trends, Kourtney Kardashian was all over the news after her split with Scott Disick. Kourtney and Scott were together for about 9 years and have 3 children (Mason, 6, Penelope, 3, and Reign, 1]). However, while there seems to be no issue with Kourtney keeping the kids, what happens to the children after a split when you are not married?
The concept of a “common law marriage” no longer exists in California. Thus, simply living together does not give rise to a “marriage” or other legal marriage-like union under California law. This means that a non-marital cohabiting relationship does not give rise to “spousal-type” rights, obligations or remedies (except under certain circumstances in an invalid marriage, a “putative spouse” or under a Marvin claim, where non-marital partners have the right to enforce expressed or implied agreements for support or property sharing in the event of a separation).
However, there are certain family statutory rights and obligations that arise regardless of there being a formal marriage. Child support, for example, is a statuary duty to support minor children (and certain adult children) imposed on the parents regardless of them having ever been married. California Family Code § 3900 provides that both the father and mother of a minor child have an equal responsibility to support their child. This duty continues until the unmarried child completes the 12th grade or attains the age of 18, whichever occurs first. However, the law does not limit the rights of parents to agree to provide additional support. A child support obligation between non-marital cohabiting parents is enforceable either through a parentage action or other action under the Family Code. Similarly, non-marital cohabiting partners have custody and visitation rights similarly to those formally married.
If you have any questions about child support or child custody, 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.