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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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Grandparents Have Visitation Rights, Too!
/in Family Law /by Gretchen BogerPopular television personality Bethenny Frankel is waging a full-blown (and very public) divorce and contentious custody battle with her soon-to-be-ex-husband – and her newest attack on Mr. Hoppy is not regarding him, but his parents: she wants to limit the grandparents’ time with her three-year-old daughter, Bryn. So does this mean that Bryn, who reportedly has a very strong bond with her grandparents, will be unable to see them in the future without Bethenny’s consent?
In California, grandparents have no absolute right to visitation with their grandchildren. In some cases, however, grandparents may have the right to visit their grandchildren even over the objection of the children’s parents – but the courts will begin with the assumption that the rights of the parents supersede those of grandparents. This is because parents have a fundamental right to the care, custody, and control of their children. However, there are a number of situations where the courts may grant grandparents visitation rights:
Furthermore, grandparents generally cannot file for visitation rights while the grandchild’s parents are married. However, there are a number of exceptions, including:
Grandparent visitation issues are complex. At Lonich Patton Erlich Policastri, we are committed to working with grandparents to help them maintain access to their grandchildren. Our attorneys typically handle two types of grandparents’ rights cases: those involving the custody of grandchildren and those involving grandparents seeking visitation rights. If you have any questions about grandparents’ rights, 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 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Creating a Will: Say What You Mean
/in Estate Planning /by Michael LonichWriting a will has got to be easy. You just list your property and decide who receives what, right? Not necessarily. In reality, the process of writing a will is not that simple. Generally, a will is only interpreted once the author is no longer with us; if the language of your will is unclear, or your loved ones believe that you didn’t really mean what you said, chaos can ensue.
For example, in one California case,* a woman created a handwritten will that left a ten dollar gold piece and her diamonds to her niece. Everything else that she owned, all real and personal property, was left to a close family friend—and Roxy, her Airedale Terrier. Since property cannot be left to an animal, the author’s loved ones took the will to Court. The family friend argued that the deceased intended to leave all of her real and personal property to him, while the niece argued that she should get Roxy the terrier’s half as the deceased’s sole heir. Since the document itself was silent as to what she wanted to happen in this situation, the Court had to determine what the author meant to say.
If the Court determines that, after looking at the facts of your case, the language of the will is susceptible to two or more meanings, outside parties are allowed to present evidence to prove what the author meant to say. This means that the author of the will loses control over the document. In the case mentioned above, the family friend received half of the property and the niece received the other half. It is anyone’s guess as to whether the deceased would be happy with that result.
If you want to avoid that type of loss of control, it is best to speak to an attorney. An experienced estate planning attorney can help you develop a will that is clear and unambiguous. Also, an attorney can help you determine what will happen if your chosen beneficiary passes away before he or she can receive the property. There are many situations that can complicate the way your will is interpreted, and it is best to think ahead and be prepared.
Wills can have a lot of moving parts; make sure you get the best advice possible. The attorneys at Lonich Patton Erlich Policastri 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.
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.
*In re Estate of Thelma L. Russell, 69 Cal.2d 200 (1968).
YouTube PSA from the Santa Clara DA’s Office: Is an Annuity Right For You?
/in Estate Planning, Family Law /by Lonich Patton Ehrlich PolicastriThe Santa Clara County District Attorney’s Office has just released a YouTube Public Service Announcement regarding annuities – complex insurance investments that are often misunderstood and aggressively marketed to seniors.
In this 5-minute video, Assistant DA Scott Tsui, Deputy DA Janet Berry, and DA Jeff Rosen warn seniors about the financial perils that can result from annuities. Often, “free financial planning seminars” are targeted towards seniors but in the end, the old adage holds true – there’s no such thing as a free lunch. In fact, Tsui cautions that “annuities are not necessarily safe, not necessarily smart, and they are never free.”
Berry reminds us that the insurance agents who sell annuities have no duty to ensure that the process is the smartest idea for the folks who purchase them. In fact, if the insurance company goes out of business, you’ll lose all the money you’ve invested with them. Because of the risks involved, Berry offers the following list of details to be mindful of when considering purchasing annuities:
Ultimately, the DA’s Office warns seniors to be vigilant and pay attention to the red flags associated with annuities – after all, you’ve worked hard for your savings and the decision to invest that hard-earned money ought to be informed decisions.
If you have any questions regarding your retirement investments, are interested in developing an estate plan, or are interested in reviewing 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 and are more than happy to meet with you for a free, 30-minute 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.
Forgot a Pre-Nup? Create a Post-Nup
/in Family Law /by Mitchell EhrlichIn June, billionaire media mogul Rupert Murdoch surprised his third wife, Wendi, with divorce papers. Mr. Murdoch, the founder, Chairman, and CEO of the world’s second-largest media conglomerate, has been married with the current Mrs. Murdoch for 14 years, has two young daughters with her, and has four other children from previous marriages. In other words – plenty is at stake. However, the Murdoch divorce may not play out as disastrously as one would imagine because the couple signed not only a prenuptial agreement but two postnuptial agreements – one after each of their daughters was born.
Nowadays, postnuptial agreements are becoming increasingly common. Unlike prenuptial agreements, postnuptial agreements are entered into after the marriage rather than before. They cover many of the same issues commonly covered in prenuptial agreements, such as asset protection, debt division, and spousal support.
Oftentimes, however, many people are hesitant to enter into a postnuptial agreement because they believe that they adversely impact one spouse while benefiting the other. In actuality though, postnuptial agreements can protect assets as well as shield spouses from debts. Some scenarios where postnuptial agreements are a good idea include:
Since the legal relationship between people changes once they are married, it is vital to have an experienced attorney draft any postnuptial agreement. Courts carefully scrutinize postnuptial agreements to ensure that they were entered into voluntarily, without coercion, duress, or undue influence. Likewise, the Murdoch postnuptials (and prenuptial) will be highly scrutinized by both parties for these loopholes.
At Lonich Patton Erlich Policastri, our attorneys are prepared to help clients create targeted, legally binding postnuptial agreements. We always recommend that clients have legal counsel review their agreements to make it more difficult for either spouse to challenge the issues later on. If you have any questions about postnuptial agreements, 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 are happy to offer you a free consultation.
DIY Divorce Success: The Exception, Not The Rule
/in Family Law /by Gretchen BogerRecently the Huffington Post took a look at the risks of the new “Do-It-Yourself Divorce” trend, and we agree with their findings. Of course, anyone can get a divorce without an attorney, but it is not for everyone. This is especially true because many individuals underestimate what it will really take to dismantle their marriage, split up their property, and determine appropriate living arrangements for their children.
There are some couples who are in agreement on most issues, making divorce a cinch with or without a lawyer. So when is pursuing a DIY divorce a good idea? According to DivorceNet.com, a lawyer-free divorce is a good idea when:
Essentially, if your situation is not too complicated and you feel that every aspect of your separation is fairly settled, you might be a good candidate for an attorney-free divorce. Nevertheless, for every easy case there are ten more that are painfully complex. Many divorces may take years to work through because of the level of difficulty involved, especially when it comes to financial matters like pensions and stock options. When a divorce litigant is on his or her own when complications arise, efficiency tends to go out the window and a great deal of time and even money can be spent getting on the right track.
What is especially unfortunate for DIY-ers is the moment when they realize that they are in over their heads. This may occur when their ex shows up at a hearing with an attorney and they are all alone. Or, they may come to realize that their ex was withholding financial information, or their rights are being trampled in some other way.
To be sure, retaining a divorce attorney is an investment, but your attorney is also your ally. Your attorney will ensure that your rights are protected and that you will be in the best possible financial position after the divorce. Experienced family attorneys have the foresight to avoid problems before they arise and can help you reach a marital settlement that you and your family can be happy with for many years to come.
Whether you decide to retain an attorney or not, it is best to consult with one before you embark on your divorce journey. Contact the certified Family Law Specialists (as certified by The State Bar of California Board of Legal Specialization) at Lonich Patton Erlich Policastri to learn more about the divorce process. Our attorneys have decades of experience handling complex family law matters and we offer both full-service and consulting options. Make an appointment today for a free half-hour consultation with one of our attorneys.
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.