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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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A Recent Study Indicates More Women are Seeking Prenuptial Agreements Before Tying the Knot
/in Family Law /by Julia LemonPrenuptial agreements are increasingly more common among women. This trend partially stems from the growing percentage of females in the modern workplace. Women today, more than before, are seeking to protect their separate property assets by ensuring a prenup is in place prior to marriage. In addition, couples are signing these documents in order to protect their pension and retirement accounts in the event of a later divorce.
A California prenuptial agreement is a contract executed between two prospective spouses, to be effective upon marriage. Generally, a prenuptial agreement addresses the parties’ present and future property rights, as well as other issues relating to the marital relationship. Certain issues may not be dealt with in a prenuptial agreement, such as child support or child custody. Other provisions may be invalidated if they are found to be contrary to public policy, such as “fault” or “penalty” provisions for infidelity or abuse. In addition, if you are considering waiving your spousal support rights in a prenuptial agreement, it is highly recommended that you retain your own attorney both to protect your legal rights and the enforceability of the agreement.
For more information on prenuptial agreements, please contact our family law attorneys at Lonich Patton Erlich Policastri. 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.
Source:
San Francisco Chronicle
New Study Lists States with the Lowest Divorce Rates
/in Family Law /by David PattonAn interesting article published in the Wall Street Journal named the states with the lowest divorce rates for the year 2008 -2009. The state with the lowest divorce rate (1.8 percent) was Massachusetts. Nevada had the highest divorce rate at 6.6 percent.
While these numbers are interesting, a state with a “low” divorce rate does not necessarily mean that the married couples living in that state are happier than married couples living in states with “higher” rates of divorce. Many couples in states with “low” divorce rates could be choosing to stay in unsatisfying marriages or simply deciding not to marry in the first place.
While the divorce statistics for California were unavailable, the Center for Disease Control estimates the overall U.S. divorce rate to be around 3.4 divorces for every 1,000 individuals. The U.S. marriage rate is 6.8 per 1,000 individuals. In California, a divorce is also known as a “dissolution of marriage.” When a California divorce is finalized, the couple’s marriage is terminated. At this point, the ex-spouses are considered single and are free to remarry.
For more information on the California divorce process, please contact the San Jose divorce attorneys at Lonich Patton Erlich Policastri for more 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.
Source:
Wall Street Journal
Center For Disease Control & Prevention
Choosing the Right Executor
/in Estate Planning, Probate /by Michael LonichRecently, the New York Times published an interesting article advising individuals on how to choose the right executor for an estate. An executor is an individual responsible for an estate before the estate is closed (transferred to its beneficiaries).
The author indicates how estate planning in 2011 is particularly burdensome on executors because of the recent tax law changes President Obama signed in December of 2010. In short, portability (the ability to pass the federal estate tax exclusion to a surviving spouse, described in a previous post), must be if at all exercised by the executor. This new responsibility coupled with the traditional responsibilities of an executor will require an organized and honest individual who has the best interest of your beneficiaries at heart. The article continues with other practical considerations when choosing an executor including why a professional or a family member may be a more suitable executor, for the full New York Times article click here.
Additionally, it is a prudent idea for individuals to review their estate planning documents because of the recent estate planning changes in 2011. Currently the new tax laws affecting Estate Planning are only set to be active for 2011-2012.
If you are interested in learning more about Estate Planning, please contact San Jose Estate Planning Lawyers at Lonich Patton Erlich Policastri, LLP. 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.
Does Your Loved One Need a Conservator?
/in Estate Planning /by Michael LonichA conservator is a person appointed by the court to manage the health care and/or financial matters of an adult (the conservatee) who is found to lack the legal capacity to care for themselves. A conservatee does not lose all of his or her rights. The conservatee retains the right to be treated with understanding and respect, have his or her wishes considered, and to be well cared for. In addition, conservatees retain the right to ask a judge to end or change the conservatorship.
There are two types of conservatorships: conservator of the person and conservator of the estate. A conservator of the person arranges for the conservatee’s care and protection and decides where the conservatee will live. The conservator of the person is also in charge of health care, food, personal care, and housekeeping. However, a conservator cannot move the conservatee out-of-state. In addition, the conservator cannot put the conservatee in a mental health treatment facility. A conservator may be able to move the conservatee into a special residential care facility provided certain protocol is met.
A conservator of the estate is responsible for managing the conservatee’s finances, protecting his or her income and property, compiling a list of everything in the estate, making a plan to make sure the conservatee’s needs are met, paying the conservatee’s bills, and other duties. A conservator must remember to keep his or her own assets separate from the conservatee’s assets.
For more information on conservatorships, please visit Lonich Patton Erlich Policastri. 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.
Divorcing and Thinking about Adopting a Baby as a Single Parent?
/in Family Law /by Mitchell EhrlichAn article recently published in the Huffington Post discusses a new trend emerging in Hollywood: recently divorced celebrities adopting babies. The list of Hollywood’s recently divorced mothers with newly adopted children is growing. Madonna adopted a child after her split from Guy Ritchie. Sandra Bullock also adopted a child after she divorced Jesse James. Most recently, reports circulated that suggest that Eva Longoria is looking to adopt a child after her divorce from Tony Parker is finalized.
While this trend may be growing, particularly within the celebrity community, the Huffington Post article tries to make a point: while adoption is a wonderful thing, adoption immediately following a divorce may pose a variety of difficult challenges . As any divorced person could recount, divorce is a stressful, life-changing event. Recently divorced individuals must cope with a new lifestyle while dealing with raw emotions. As cute as babies can be, they need ample amounts of love, attention, and patience. As many new divorcees are running low on emotional stamina, it may be difficult for them to cope with the demanding needs of a newly adopted child.
For more information about California divorce, please contact us. 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.
Source:
The Huffington Post