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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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You Filed for Divorce, Now What?
/in Family Law /by Mitchell EhrlichAs with most legal processes, divorce involves several steps, and it can be confusing to know what you need to do and in what order. You’ve taken the first step and filed divorce papers with the California family court. What happens now? The following is a brief outline of the process you will need to follow to get divorced in California.
Serve your divorce papers
Once you have filed divorce papers, you must ensure that your spouse is formally notified, which is known as “serving” divorce papers. Although it’s possible to serve papers by having them mailed to your spouse & your spouse acknowledging receipt formally (note that you cannot mail them yourself), this method can be unreliable. Most people choose to have a server (an adult who is not related to your case) deliver the papers to their spouse in person.
Your spouse must respond within 30 days. If your spouse chooses not to respond by the deadline, which is known as a default, you can move forward with the divorce without your spouse’s input.
Prepare your financial disclosures
You are legally required to share information about your finances (including all debts and assets as well as your salary and income) with your spouse in order to be granted a divorce. Although you do not file financial documents with the court, you do file a form acknowledging that you and your spouse have completed this step.
Come to an agreement
At this point, you and your spouse must make several decisions regarding a host of important issues: child custody and support, visitation rights and schedules, dividing the marital estate, spousal support, what happens to your home, who gets the pets, paying attorney fees, etc. There are a few different ways to arrive at an agreement during this process:
You don’t have to do it alone. Consult with family law experts.
The California court system has published a self-help guide to give you a better idea of what to expect throughout the divorce process in California. However, working with professionals who have experience with the judicial system, like the family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) can make the entire process less stressful, especially if your divorce is complicated or contentious.
Our attorneys have been helping clients navigate the life-changing and difficult issues related to divorce for decades. We will walk with you every step of the way. Contact us today at 408-553-0801 for a free, 30-minute consultation to discuss your situation. We’re ready to help.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What to do With Retirement Accounts After Death
/in Estate Planning /by Michael LonichBy the time some people reach retirement age, they have accumulated a substantial nest egg consisting of 401k’s, pensions, and IRAs. They saved with the intent of having a comfortable lifestyle during their golden years. But what happens to an individual’s hard-earned assets once they pass away? Understanding what happens with retirement accounts after death can help provide peace of mind for the account holder and their loved ones.
After someone passes away, the first step is locating all of their retirement accounts and contacting the financial institutions. If the deceased named a beneficiary for their accounts, the assets will go directly to them without needing to go through probate. However, the funds will become part of the deceased’s estate if there is no beneficiary. In that event, they will need to go through probate.
Probate is the legal process that involves authenticating the deceased person’s will, if one exists, and settling their estate, which includes paying debts and distributing assets to heirs or beneficiaries.
The duration of the probate process can vary widely depending on the complexity of the estate, taking anywhere from several months to a couple of years.
The relationship between the deceased and the beneficiary can also impact what happens to the retirement accounts. A spouse is able to transfer the funds of a 401k or IRA into their own IRA. Or, they can choose to take it over. In that event, there are three options:
Non-spouse beneficiaries of an inherited IRA have different rules based on whether they are a designated beneficiary or an eligible designated beneficiary.
A designated beneficiary is a person whom the deceased named to inherit the balance of an IRA or other type of retirement account. They can be any person chosen by the account owner
On the other hand, an eligible designated beneficiary is a specific classification, such as:
One key difference is that a designated beneficiary is required to follow the 10-year rule. Furthermore, any distribution from the account is considered taxable income.
However, eligible designated beneficiaries have different rules that allow them to stretch out distributions over their lifetime or the deceased’s, providing potential tax benefits.
Navigating the rules for inherited retirement accounts can be complex. Each person’s situation is unique, so getting professional advice is essential. Our attorneys at Lonich Patton Ehrlich Policastri have the expertise you need and can help ensure that your retirement accounts are part of your estate plan. Contact us for a free consultation by calling 408-553-0801 so you can protect your family’s financial future.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
When Can You Get an Annulment in California?
/in Family Law /by Virginia LivelyMarriage is a sacred union binding two people together, symbolizing a commitment to love, support, and share their lives. However, there are times when a marriage may prove untenable or legally invalid, leading individuals to seek an annulment rather than a divorce.
Obtaining an annulment in California is not a straightforward process, as it requires meeting specific criteria and following a distinct set of guidelines. In this article, we’ll discuss the grounds on which an annulment can be granted in California.
What is an annulment?
An annulment is a legal process that declares a marriage to be void, essentially treating it as though it never legally existed. It aims to restore the parties involved to their pre-marital status, erasing the legal consequences that arise from marriage.
An annulment is not a remedy available for every unsuccessful or short-lived marriage. Instead, it is reserved for specific situations where the marriage can be proven to have been fundamentally flawed or legally invalid.
What’s the difference between divorce and annulment?
In a divorce, the law recognizes the marriage as valid, and the process involves the termination of a legally recognized union. A divorce legally ends a valid marriage and addresses issues such as property division, spousal support, child custody, and visitation rights. It recognizes the existence of a marital relationship and seeks to provide a fair and equitable resolution for the parties involved.
An annulment, on the other hand, treats the marriage as though it never legally existed. It declares the marriage to be void or voidable, usually due to specific legal defects or circumstances that existed at the time of the marriage. As a result, an annulled marriage carries fewer legal consequences compared to a divorce, and the division of property and financial matters may be treated differently compared to a divorce.
When can you get an annulment in California?
Under California law, there are various grounds upon which an annulment can be granted.
A void marriage is considered legally invalid from the beginning, and no legal annulment proceeding is necessary. In California, examples of void marriages are incestuous or bigamous marriages.
Voidable marriages are considered legally valid until an annulment is sought and granted. The following grounds may render a marriage voidable in California:
How to file for annulment
The first step toward marriage annulment is to ensure you make the deadline for annulment based on the statute of limitations. At Lonich Polich Ehrlich Policastri, we have dedicated experts who can help you navigate the complexities of filing for annulment in California.
To learn more about the process, or discuss your unique circumstances, call us at 408-553-0801 for a free consultation, or contact us here.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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.