Contact Us
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.
MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:
DISCLAIMER
This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
About | Why LPEP | Contact | Blog | Data Breach Information
© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy
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
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