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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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Single? Time to Start Your Estate Planning
/in Estate Planning /by Michael LonichWhen most people think of estate planning, they think of the later stages of life—perhaps when a family is established or in preparing for the end of life in old age. It is probably the last thing on a young, single person’s to-do list; but it should be at the top.
Single people are out on their own and need to understand how important it is to have estate matters squared away in case of death. If not, tragedy may be followed by unnecessary trauma for the person who ends up managing the estate. Singlehood is not reserved just for the young and carefree; it can happen to anyone at any stage in life. According to U.S. Census Bureau data, singles have overtaken married couples as the majority population. In 2010, singles represented fifty-two percent of all households.
There are a number of complex and emotional issues that could be avoided simply by planning ahead. With couples, the law dictates that the spouse takes care of most issues, whereas singles have no option unless they so designate. It gets especially complicated if minor children are involved as they cannot inherit until they turn eighteen. Singles could benefit from establishing a will (to establish what would happen to assets), a durable financial power of attorney (to designate a person to handle financial affairs in case of incapacity), a medical power of attorney (to appoint a person to make medical care decisions), a living will (to specify what measures can be taken to sustain life in case of incapacity).
If you are interested in learning more about individual estate planning or creating a comprehensive plan to ensure that your family members are well-prepared to handle your estate, please 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Divorce Today: Navigating through Divorce Lawyers Online
/in Family Law /by Mitchell EhrlichIt used to be the case that people would turn to phonebooks to find an attorney. Based on little more than an affinity for the particular lawyer’s ad—from an appealing graphic or clever quote—people would hire a lawyer. Today, in the world of websites, ratings, and reviews, the landscape is much different. With websites like Yelp and Avvo, providing clients with the opportunity to review their experience with an attorney, finding a qualified lawyer is only a few clicks away.
On Yelp, reviewers may review everything from cemeteries to restaurants to baby furniture. Therefore it shouldn’t be surprising to learn that lawyers and law firms are frequently reviewed as well. In an official blog, Yelp recently summarized what percent of reviews in each business category on Yelp were written by people within five year ranges. Not surprisingly, searches and reviews for divorce lawyers are heaviest in the range of 30s all the way up to the mid-50s, an incredibly wide range of clients.
http://officialblog.yelp.com/2011/06/ages-of-yelp.html
When searching for a lawyer online, it is important to not only keep in mind what legal services you need but the source of the information posted. A younger client does not necessarily seek the same attributes in a lawyer as an older client might. Further, our legal system is adversarial and there is almost always a loser. Clients who are upset with the outcome of their case may take it upon themselves to post overly negative reviews even though it is not an accurate reflection of the representation received. Many times, reviews are not even written by an actual client. So while online ratings and reviews may be incredibly helpful, it is important to be aware of who may be writing them.
The Certified Family Law Specialists as certified by The State Bar of California Board of Legal Specialization, at Lonich Patton Erlich Policastri have decades of experience handling divorce issues for clients in different stages of life. If you are contemplating divorce or separation, please contact the Certified Family Law Specialists as certified by The State Bar of California Board of Legal Specialization at Lonich Patton Erlich Policastri, who can provide you with an in depth analysis of your issues. 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.
Estate Planning Bucket List: Managing Important Documents in Case of Death
/in Estate Planning /by Michael LonichThe last thing surviving relatives want to think about when a loved one passes away is managing the affairs of the deceased’s estate. Amid the grief and sorrow, a comprehensive estate plan can help to eliminate these uncertainties and confusion over the probate administration and assist surviving relatives in handling their painful loss.
It is also imperative that family members are aware of where to find an estate plan and other important documents. The Wall Street Journal’s “25 Documents You Need Before You Die” highlights the ramifications of unorganized estate planning documents and notes the most important documents to keep handy. It provides a thorough guide on the steps to take to ensure your estate plan is carried out.
If you are interested in learning more about individual estate planning documents or creating a comprehensive plan to ensure that your family members are well-prepared to handle your estate, please 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Wyoming Supreme Court Grants Same-Sex Divorce
/1 Comment/in Family Law /by Julia LemonLast month, the Wyoming Supreme Court ruled that the state’s courts have jurisdiction to grant the divorce of a same-sex Wyoming couple who legally married in Canada.
This decision slightly enhanced the rights of same-sex couples in Wyoming, but does not address the more controversial issue of whether Wyoming will permit same-sex couples to marry. Wyoming law defines marriage, in part, as a civil contract between a male and a female person. It also provides that all valid, out-of-state marriage contracts are valid in Wyoming. However, this rule is not absolute and is subject to certain recognized exceptions, such as marriages that are deemed contrary to the law of nature, such as polygamous and incestuous marriages, and those which the legislature of the state has declared shall not be allowed any validity because they are contrary to the policy of its laws.
In its opinion, the Wyoming Supreme Court took great care in ensuring the decision was sufficiently narrow, and expressly limited its decision to the issue of divorce in a footnote: “Nothing in this opinion should be taken as applying to the recognition of same-sex marriages legally solemnized in a foreign jurisdiction in any context other than divorce. The question of recognition of such same-sex marriages for any other reason, being not properly before us, is left for another day.” Christiansen v. Christiansen, 2011 WY 90 (2011). Recognizing a valid foreign same-sex marriage for the limited purpose of divorce, however, does not negate the law or policy in Wyoming against allowing the creation of same-sex marriages.
Same-sex marriage was, and continues to be a developing area of family law. New York first considered a similar case in early 2008 when a judge granted a divorce to a same-sex couple married in Canada.
In an effort to simplify the separation process for same-sex couples, the California Legislature recently made significant amendments to the governing law. The State Assembly adopted the Separation Equity Act of 2010 which clarified that same sex couples married outside the state are able to dissolve their marriage in California. Additionally, same-sex couples who married during the brief period in 2008 when it was legal will have the rights and benefits of married couples, including divorce.
If you have a family law matter and are interested in learning more on the law governing same-sex marriage or divorce in California, please contact the experienced Family Law 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Planning Ahead for the Costs of Nursing Homes
/in Estate Planning /by Michael LonichNursing homes have become an important part of the way we care for our elders. With the population of those who are 65 and older rising, nursing homes will continue to play an integral role in our society. Assisted living, in any form, however, is a very expensive venture and many elders will not have the funds needed to afford this level of care.
“The average [] cost of a nursing home today is $6917 per month, and a typical Alzheimer’s patient will spend $395,000 for their nursing home care after diagnosis,” said Heiser, author of How to Protect Your Family’s Assets from Devastating Nursing Home Costs: Medicaid Secrets (www.MedicaidSecrets.com). That cost is only expected to rise as demand rises so it’s important that preparations begin early. Medicaid—a federal health program, managed by states, for people with low income—is a valuable resource; however, many people assume they cannot qualify for it.
It is important to understand the asset limits for those applying to Medicaid. In California, an individual may have up to $2000 in assets; a couple may have up to $3000. Moreover, some personal assets are not considered in determining Medi-Cal coverage. These include: your primary home, one vehicle, household goods and personal belongings, life-insurance policy with a face value of $1500/person, and prepaid burial plan and plots. The key to protecting your family’s assets from costly nursing homes is planning early and effectively.
If you are interested in learning how to plan for future costs of care, please 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship