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LONICH PATTON EHRLICH POLICASTRI
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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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Wise Beyond His Years: Paul Walker’s Estate Plan
/in Estate Planning, Probate /by Michael LonichPaul Walker was not known for being one of the more prolific or intelligent actors of his era. Even so, the young actor made some sharp estate planning decisions during his short life, probably due to top-notch legal advice. Even so, his estate plan could have been better. Regardless of whether your estate is anything like Paul Walker’s $25 million estate, there are some great lessons* to be learned from Mr. Walker’s estate plan.
The Good
Paul Walker died at the much-too-young age of 40. However, he was smart and recognized that even young people need estate plans. Walker signed his will at 28 years old—an age when most young men still believe they are invincible. He should be commended for taking control of his future for the benefit of his loved ones. Walker realized that accidents happen, and he was prepared. You should do the same.
Walker was survived by his 15-year-old daughter, Meadow, and he privately provided for her future with a trust. Unlike a will that must be processed through the state court system, trusts are completely private and avoid the onerous probate process. Trusts are relatively easy to create, are protected from public scrutiny, and most importantly, can help your loved ones get the assets they need much faster than in the case of a will.
The Bad
Although it is great that Walker named a guardian for his minor child (he named Meadow’s grandmother—his mother), he should have updated his choice with the passage of time. In 2001, his mother was 13 years younger and probably the most appropriate option. However, today, a younger family member could have been a better option in the event that his mother was not up to the task or physically incapable of being Meadow’s guardian.
Walker had both a will and a trust, which was smart at the time. Nevertheless, when he first created those documents, Fast and Furious had not become the monstrous success it is today. His financial picture has changed and his estate planning documents should have reflected those changes. Over a decade ago, he probably had no idea how much money he would be leaving his daughter; he couldn’t have. Furthermore, Walker’s estate will have to cover significant tax obligations before his beneficiaries receive their share; this obligation could have been avoided or reduced with some creative estate planning and trust creation.
The Ugly
Walker’s long-time girlfriend, the woman he reportedly wanted to marry, was apparently left with nothing. Boyfriends and girlfriends have no legal relief in this sad scenario, and it happens far too often. It goes without saying that Walker would have wanted to take care of his girlfriend for the rest of her life. However, since he failed to update his estate plan, she probably will not receive a penny.
You should consider your estate plan to be a living and breathing document; when your life changes, your estate planning documents should change along with it. This is why having a great relationship with a reputable estate planning attorney is so important. If you are interested in creating an estate plan 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 living wills and 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.
*Post inspired by: Danielle and Andrew Mayoras, “Five Estate Planning Lessons From The Paul Walker Estate,” from Trial and Heirs: The Legacy Experts. Find the original article here: http://trialandheirs.com/blog/celebrities/paul-walker-estate-good-estate-planning-lessons
Valentine’s Day Causes 40% to Consider Divorce
/in Family Law /by Mitchell EhrlichValentine’s Day, the nationally recognized day of love, is right around the corner. However, for some of us this year, Cupid’s arrow will strike with thoughts of divorce instead of romance. In fact, the number of consumers seeking information about divorce will increase more than 40% around Valentine’s Day. So why are so many individuals exploring the possibility of divorce around this time of the year?
Philadelphia divorce attorney Jennifer Brandt explains that this phenomenon occurs because Valentine’s Day “forces us to assess our romantic relationships […]. Many people realize that they are not happy in the situation they are in and there is no possibility of it improving. Thus, they may turn toward divorce to get a fresh start.” Edward Weinstein, a New Jersey divorce attorney, offers a similar explanation: “My theory is that when you have these kinds of sentimental holidays, people start saying, ‘I deserve to be happy.’”
Avvo.com, one of the world’s largest online legal forums, also recently conducted studies that show the number of consumers seeking information about divorce escalates around Valentine’s Day. Leigh McMilllan, vice president of marketing with Avvo, states that the spike is so consistent and so prominent that researchers are coining this increase in divorce searches as the “Valentine’s Effect.” Avvo has consistently seen a large increase in the number of people searching for information on divorce around Valentine’s Day for the past four years. Women comprise of a majority of the searches (67%) and the big cities are hit the hardest – Los Angeles, Houston, Chicago, Phoenix, and Dallas lead the country in the number of people searching online for a divorce lawyer.
If you are considering divorce or have questions about divorce planning, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Sources: http://www.mainstreet.com/article/family/marriage/divorce/valentines-effect-causes-40-explore-divorce?page=1; http://jamiat.org.za/blog/valentines-day-causes-a-peak-in-number-of-divorces-research-2/
Does Donating Sperm Via Craiglist Make You A “Father”?
/in Family Law /by Julia LemonTo some, donating sperm is considered an easy way to make some cash. However, for one Kansas man,* donating sperm turned out to be way more than he bargained for. William Marotta donated sperm to a lesbian couple via Craigslist, but did not comply with a Kansas statute that required that a licensed physician perform the insemination. Instead, he gave the sperm directly to the couple.
The state of Kansas sued Mr. Marotta for parental support of his child, even though he and the couple signed a written agreement relinquishing his parental rights. The court decided that since the parties did not comply with the statute, Mr. Marotta is the child’s legal father whether he likes it or not. Therefore, he will have to financially support the child, as well as provide back pay to the State of Kansas for aid the child has already received. As a result, there will probably be more litigation in store for these parties.
Fortunately, this costly and uncomfortable result can easily be avoided. In California, if a sperm donor gives samples of his sperm to a physician, surgeon, or licensed sperm bank, he will be treated as if he were not a natural parent of the child, unless otherwise agreed to in writing before the child is conceived. By keeping the process official and legitimate through the use of a doctor or licensed sperm bank, sperm donors can remain anonymous and can avoid “fatherhood” until they are truly ready for that responsibility. Bottom line: unless you want to pay 18 years of child support, be sure to follow all of the statutory requirements in the Family Code.
If you’re having paternity or child custody issues, having a knowledgeable, experienced family law attorney by your side can prove to be invaluable. If you have any questions about your family law issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and are happy to offer you a free half-hour 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
*http://www.abajournal.com/news/article/man_who_responded_to_craigslist_ad_for_a_sperm_donor_is_a_dad_must_pay_chil/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email
January, AKA “Divorce Month,” is Over!
/in Family Law /by Gina PolicastriThere’s a month for everything: National Pet Month, National Honey Month, National Grilled Cheese Month. And apparently, in recent years, January earned the less-than-flattering title of “Divorce Month.”
Findlaw.com, along with legal research service Westlaw, recently analyzed divorce filings between 2008 and 2011. Their study showed a spike in divorces in January, followed by a spike in late March. The study also revealed searches for “divorce,” “family law,” and “child custody” increased 50% from December to January – searches that continued to soar through the month of March.
So what exactly is going on during the early months of the year that causes such a rise in divorce? Miles Mason, a Memphis-based divorce attorney, lists a few reasons.
If you have questions about divorce planning, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Source: http://www.cnn.com/2014/01/17/living/january-divorce-month-matrimony/index.html?sr=fb011714divorcejanuary3p
If You Think a Child Can Have Only Two Parents, Think Again.
/in Family Law /by David PattonAs of the first of this year, some new and exciting changes have occurred in California family law. Last fall, Governor Brown signed bill SB 274* which allows children to have more than one parent. The court will grant parentage to multiple parents where it is determined that having only two parents will be detrimental to the child.
The law, now part of the California Family Code, directs the family court to consider all relevant factors, including, but not limited to, the harm of removing a child from a stable home with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. For example, this would allow a child to remain legally connected to both of his natural parents while creating a new legal connection between him and his aunt who has cared for him for a significant amount of time.
With this law, the court can allocate time and custody of the child among all of the legal parents. As always, what is in the best interests of the child is what controls the court’s decisions. This is the same for child support. In the end, Governor Brown acknowledged that in some situations, a child can benefit from having the care and support of three or even four parents. This is a major departure from previous laws which only allowed each child to have two legal parents. Now, there are more people who will have standing in family law proceedings in regards to certain children.
If you are interested in petitioning for parentage of a child, or are dealing with other family law issues, having a knowledgeable, experienced family law attorney by your side can prove to be invaluable. If you have any questions about your divorce or custody issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and are happy to offer you a free half-hour 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
http://articles.latimes.com/2013/oct/04/local/la-me-brown-bills-parents-20131005
*SB 274 is now operative as of 1/1/14.