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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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Estate Planning Tips for Pet Owners
/in Estate Planning /by Michael LonichMost pet owners consider their pets to be part of the family. This loving bond makes it even more important to consider what will happen to your pets if you are unable to care for them because of illness, disability, or death. Many people assume that family members or friends will step in and take ownership of the pets, but without specific plans in place pets often end up in shelters instead.
Although you may have read newspaper stories about people leaving millions of dollars to their cats, the truth is, in the eyes of the law, pets are property. Rather than naming your pets as beneficiaries of your estate, you will need to designate a caregiver in your will and include guidance for your pets’ care in your estate plan.
Things to think about when estate planning with pets
There are several factors to consider when planning for your pets’ needs after you are gone. The following are some tips to help you plan.
Consider establishing a pet trust
Many states, including California, recognize pet trusts as a viable option for pet owners to pass caretaking responsibilities to someone else. Because a pet trust is a legal arrangement, you can provide detailed instructions for how you want your pets to be cared for and know that your wishes will be carried out. Working with an estate planning attorney is a good way to ensure your pet trust will stand up in court.
As with other trusts, you will name an individual or group as the trustee who will oversee and distribute funds to the beneficiary who is directly responsible for caring for your pet. Many pet owners fund the pet trust with life insurance benefits.
Call for a free consultation about your estate planning needs
The Estate Planning Group at Lonich Polich Ehrlich Policastri (LPEP Law) specializes in all aspects of estate planning, including the administration of trusts. Call us today at 408-553-0801 or complete this form to schedule a free, 30-minute consultation to discuss your goals and needs. Not only can our attorneys help you protect the future of your family members, even your four-legged ones, but we can also help you get the most out of your estate now. Don’t wait to start planning. Start today to protect your tomorrow.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
When do you Qualify for Alimony?
/in Family Law /by Gretchen BogerIf you are considering divorce, you and your spouse are facing several life-changing decisions about your shared home, child custody, and dividing up your assets and debts. Separating finances can be one of the most stressful parts of the divorce process.
You might be worried about making ends meet on your own, especially if you have not been working. That’s where alimony comes in. Alimony, also known as spousal support, is the legal obligation of one spouse to make financial payments to support the other spouse for a period of time. Spousal support is not mandatory or automatic in California, so the family courts have a lot of discretion when deciding the amount of alimony to be paid, if any, and for how long.
Types of Alimony
When deciding on spousal support, the California court system considers three types:
When do you qualify to receive spousal support?
Even though alimony is not mandatory in California, if you can demonstrate to the court that you need the financial support, and your spouse is able to pay it, you have a good chance of a favorable outcome.
Every case is considered on its own merits, but there are several general factors the judge will take into account, including:
The following are some common situations that would likely result in at least temporary alimony while the supported spouse becomes self-sufficient:
It’s important to remember that spousal support is based on financial need. Seeking alimony from a former spouse should never be about punishing him or her or unfairly enriching one spouse at the expense of the other.
An experienced attorney can help
Our family law attorneys at Lonich Polich Ehrlich Policastri have in-depth knowledge of the spousal support guidelines and practices in California family courts. We have decades of experience in helping our clients work through financial and other issues during a divorce. If you have any questions about alimony, please contact our office today at 408-553-0801 or complete this form to schedule a free, 30-minute consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How to Renew a Restraining Order
/in Family Law /by Gina PolicastriFiling a restraining order can provide peace of mind for someone who is being threatened or harassed. However, a court-ordered injunction may not last forever. Renewing a restraining order is vital in staying safe and secure from potential dangers. Therefore, it’s imperative that you know how long an order lasts and how to renew it.
The Different Types of Restraining Orders
In California, there are several types of restraining orders you can apply for, depending on the circumstances:
How Long Does a Restraining Order Last?
Law enforcement can issue an emergency protective order (EPO) lasting up to 7 days when immediate protection is needed.
When a person first petitions the court for a restraining order, they are typically issued a temporary restraining order that stays in effect until their full court hearing.
After the court hearing, a permanent restraining order (PRO) may be granted that can last up to five years.
What Happens When a Restraining Order Expires?
There are no automatic extensions for an expiring restraining order in California. When it expires, the legal protections provided by that order cease to exist. The restrained person is no longer legally barred from contacting the protected individual.
Therefore, you will need to file a request to renew your restraining order before the current order ends.
The first thing you need to do is fill out a Request to Renew a Restraining Order and the Notice of Hearing on Request to Renew a Restraining Order. Once you complete them, you must file them at the courthouse where you had your initial hearing.
The clerk will give you the date for a hearing, and papers will need to be served to the person from whom you are seeking protection. You will need to attend the court hearing, and if the judge grants your request, your protection order will be extended an additional five years.
Contact LPEP Law For Help
Renewing a restraining order is an essential step in protecting your rights and safety. A legal professional can assist you with the legal forms and the court process. Our team at Lonich Polich Ehrlich Policastri has extensive experience helping people in difficult situations. Our caring staff believes that everyone has the right to feel safe. Contact us at 408-553-0801 or complete this form for a free 30-minute consultation. We can provide advice and guidance on renewing your restraining order so you can have the protection you need.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What Happens to Your Mortgage After A Divorce?
/in Family Law /by Mitchell EhrlichWhen a marriage ends in divorce there are a number of financial decisions that must be made. Spousal support, child support, and division of assets and debts are all important considerations that must be hashed out to the satisfaction of both parties.
One of the most pressing questions that many divorcing couples face is “Who gets the house?” Since California is a community property state, in most cases, California law will treat the house as community property and split the debt and value evenly between you and your spouse. Although your shared home likely has sentimental value to you both, the court can only consider its financial value when deciding issues related to property. You and your spouse will be responsible for deciding what to do with your home.
Community vs separate property
Generally speaking, community property encompasses everything you own or owe while married. In cases of divorce in California, the court divides all assets and debts that are deemed community property equally between spouses.
Separate property, on the other hand, includes both assets and debts that one spouse had individually before marriage. Financial gifts, property, or inheritance given to one spouse specifically are also considered separate property, even if the spouse received them during the marriage. Each spouse is entitled to retain the full amount of their separate property in a divorce.
Is a mortgage community or separate property?
Determining whether your mortgage is community or separate property can sometimes be tricky. Your mortgage is community property if you bought a house together after you were married or bought a house with money you earned during your marriage.
If you bought the house with your own money before you were married, the mortgage would be considered separate property. However, any mortgage payments made jointly after marriage would be considered a community interest in the property and would be split evenly.
Can I stop paying the mortgage if I move out?
Although you and your spouse will still be jointly responsible for paying the mortgage, you have several options moving forward. The following are some common scenarios:
Our experienced family law attorneys can help!
Working through the financial implications of divorce can be overwhelming. Determining community versus separate property and debt, assessing the value of your shared home and belongings, deciding on fair spousal and child support, and more is both mentally and emotionally taxing. You don’t have to do it alone.
At Lonich Patton Ehrlich Policastri, we take the time to listen to you and work hard to protect your interests. We can help you understand property division issues and also ensure a fair distribution of your marital estate. Call us today at 408-553-0801 to schedule your free, 30-minute consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What to consider when designating a Beneficiary
/in Estate Planning /by Michael LonichWhen it comes to financial planning, ensuring the smooth transfer of assets and wealth to your loved ones after your passing is crucial. One way to accomplish this is by designating a beneficiary for your various accounts and assets. Although it may seem simple, this task holds significant importance and requires careful thought and consideration.
In this article, we’ll explore the things to keep in mind when designating a beneficiary. We’ll discuss the significance of thoughtful planning, the legal and financial implications, and how to navigate potential complexities that may arise as you designate your beneficiary.
What is a Beneficiary?
A beneficiary is an individual or entity designated to receive the assets or benefits of a particular account, policy, trust, or estate upon the death of the account holder, policyholder, or grantor. The designation of a beneficiary ensures that the assets are transferred according to the wishes of the account holder or grantor.
Beneficiaries can be named for various types of accounts and assets, including retirement accounts, life insurance policies, investment accounts, bank accounts, real estate properties, and trusts. The process of designating a beneficiary involves specifying who will inherit or receive the proceeds or assets associated with these accounts or policies.
Why is it Important to Choose a Beneficiary?
The designation of a beneficiary ensures that your assets and benefits are distributed according to your wishes. Choosing your beneficiary is a very important decision to make, for several reasons:
Selecting a beneficiary is crucial in ensuring that your assets and benefits are distributed according to your wishes.
What to Consider when Designating a Beneficiary
Choosing a beneficiary isn’t a decision that can be made lightly. Here are a few things to keep in mind as you work towards designating your beneficiary:
As you can see, there’s a lot to think about when it comes to choosing your beneficiary. That’s why it’s always best to discuss your personal scenario with legal experts who can guide you in the right direction.
Seek Professional Consultations Before Designating Your Beneficiary
The estate law attorneys at Lonich Patton Ehrlich Policastri have decades of experience in designating beneficiaries for accounts, assets, policies, and trusts. A consultation with an experienced lawyer can give you the peace of mind that your affairs are in order, on your terms.
Call LPEP today on 408-553-0801 or complete this form for a free, 30-minute consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.