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Settling Your Divorce Amicably

August 2, 2012/in Family Law /by Gina Policastri

Part Three of a blogging series covering the Cruise and Holmes divorce.

Statements issued by Tom Cruise and Katie Holmes confirm that they have settled their divorce amicably. Cruise and Holmes had a prenup, which allegedly provided that Holmes could be awarded up to $3 million for each year of marriage. The prenup was not all-inclusive of their rights and obligations, however, as it likely did not account for their daughter, Suri. What does a divorce settlement entail?

Through a marital settlement agreement (MSA), parties seeking a legal separation, dissolution or judgment of nullity attempt to resolve their contested disputes and claims. An MSA typically addresses the characterization of assets, payment of child support and spousal support, child custody and visitation, attorney fees and costs, and other rights and obligations. Usually, an MSA is incorporated into a judgment of dissolution, and the rights and obligations of the ex-spouses are governed by the terms of the final judgment.

Mediation is an efficient, collaborative, and amicable way to create an MSA. Managing Partner Michael E. Lonich is a highly experienced litigator who specializes in mediating divorces and complex family issues. Spouses can utilize mediation whether represented by an attorney or not, and it can be a cost and time effective alternative to advocate based litigation. By amicably and collaboratively reaching a divorce settlement, Cruise and Holmes were able to determine their rights and obligations without excessive court intervention.

If you find yourself on either side of a divorce or are interested in our mediation services, contact the Family Law group at Lonich & Patton 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.

Costs of a Conservatorship

July 19, 2012/in Estate Planning, Probate /by Michael Lonich

There are approximately 1,500 elderly and incapacitated adults whose lives and finances are overseen by Santa Clara County’s probate court. A recently concluded six-month Mercury News investigation found a small group of the county’s court-appointed personal and estate managers are handing out costly and questionable bills — and charging even more if they are challenged. (Full article: http://bit.ly/QJIURm)

Reportedly, Santa Clara County judges are taking this investigation seriously, and will be making changes within a matter of weeks. To help you understand how a conservatorship can get costly, we included a chart below, which was graciously provided to us by Karen de Sá and Doug Griswold at the Mercury News. You can click on the chart to make it larger.

If you are interested in learning more about creating a conservatorship or estate planning in general, contact the experienced 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.

Residency Requirement for Divorce

July 16, 2012/1 Comment/in Family Law /by David Patton

Part Two of a blogging series covering legal issues presented in the Cruise and Holmes divorce.

Katie Holmes filed for divorce in New York, but could she have filed in California instead? At the heart of this issue is if Holmes has met the New York residency requirement. Though a divorce settlement has reportedly been reached between Cruise and Holmes, just last week there was a dispute surrounding the simple filing of the action.

To file for divorce in California, one of the spouses must be a resident of California for six months and a resident of the county for the three months immediately preceding the filing. New York has a longer residency requirement. Holmes has allegedly been secretly renting an apartment in New York on her own for the past year, so she may be able to establish residency.

Residency requirements can be complicated, but the Certified Family Law Specialists* at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. If you find yourself on either side of a divorce, contact the Certified Family Law Specialists* at Lonich Patton Erlich Policastri for further information.

*Certified Family Law Specialist, The State Bar of California Board of Legal Specialization

Grounds for Divorce in California

July 5, 2012/in Family Law /by Mitchell Ehrlich

Part One of a blogging series covering legal issues presented in the Cruise and Holmes divorce.

In the midst of Tom Cruise and Katie Holmes’ divorce, you might be wondering what the grounds are to file for divorce. No, Katie Holmes cannot cite “Dislike for Scientology” or “We’re Just Friends” as a basis for relief.

In California, a divorce can be sought only on the grounds of irreconcilable differences or incurable insanity. California is considered a “no-fault” state. The irreconcilable differences ground is purposely broad. It is intended to represent the actual reasons underlying marital breakdowns and at the same time make irrelevant questions of fault or misconduct by either party.*

Holmes filed for divorce in New York** citing a “no-fault” cause of action called “irretrievable breakdown.” In addition, New York recognizes six other grounds for divorce. As a result of citing “irretrievable breakdown,” neither Cruise nor Holmes can play the “blame game.” It will be interesting to see how the case unfolds and whether or not the parties are able to reach agreements to keep the case out of court and out of the spotlight as much as possible.

The Certified Family Law Specialists*** at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. If you find yourself on either side of a divorce case, 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 detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

* See Marriage of Walton (1972) 28 Cal.App.3d 108, 119.

** Venue, aka proper county for trial, will be featured in Part Two of the blog series next week.

*** Certified Family Law Specialist, The State Bar of California Board of Legal Specialization

Estate of Thomas Kinkade: The Handwritten Wills

June 21, 2012/in Estate Planning /by Michael Lonich

First, the cause of death. Then, the arbitration clause. Now, the mysterious handwritten wills. The unraveling of Thomas Kinkade’s estate has been like a daytime drama, with his wife of 30 years and his girlfriend of 18 months pitched against each other.

The “Painter of Light” apparently kept his family in the dark about two handwritten wills. The wills bequeath girlfriend Amy Pinto-Walsh a Monte Sereno home and $10 million cash “for her security” or to establish a Thomas Kinkade museum.* A hearing will be held in court to determine the validity of these handwritten wills, a.k.a. holographic wills. The following questions will need to be answered by the court, which are applicable to all holographic wills:

Did he write the wills?
Did he sign and date them?
Was he coerced?
Was he of sound mind?

Purported holographic wills include: a tractor fender, a cigarette carton, a bedroom wall, a napkin, a nurse’s petticoat, and an eggshell. Needless to say, this is not the ideal method of creating a legally secure document. The most troubling part about creating a holographic will without legal guidance is that this type of will is more susceptible to being denied probate.

You should to be able to rely on the document that guides the distribution of your estate. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters. 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.

* The second will appears to modify the first will. See copy of “wills” with translations here: http://bit.ly/NbaLty.

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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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