Contact Us
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.
MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:
DISCLAIMER
This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
About | Why LPEP | Contact | Blog | Data Breach Information
© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy
Delaying Divorce Due to Financial Circumstances
/in Family Law /by David PattonRecent economic pressures have impacted most individuals, including those wishing to file for divorce. As economic conditions improve, a recent MSNBC article suggests that divorce filings are likely to rise as many were stalled due to economic realities. In highlighting this phenomenon, the article focuses on the Wesners, a couple who initially decided to divorce in 2008, but continually held back due to their financial circumstances. At first Beverly Wesner decided that she would like to have a job before filing for divorce. However, shortly after Beverly secured employment, her husband Dave suffered his own employment difficulties. While Beverley considered filing for divorce during this time period, she was afraid of having to pay spousal support to Dave.
In the meantime, Dave and Beverley have had to endure not really being married while definitely not being divorced. During this time, the couple experimented with a living situation, called “bird nesting,” that is becoming more common in the current economic conditions. In this setup, the kids stay at the family home fulltime while the parents alternate between living in the family home and living in a rented apartment. Eventually, Beverly contacted an attorney to move forward with their divorce after Dave found a job. While the Wesners and countless families across the country have struggled with divorce during difficult times, the article suggests that a growing number may soon be filing for divorce.
Locally, Lonich Patton Erlich Policastri has noticed the impact of the difficult economy with many individuals considering divorce holding back due to underwater property values, depressed 401k values and other economic hardships. If you would like to learn more about divorce and the division of assets and debts or would like to discuss your options, please contact the San Jose Divorce Attorneys 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.
Trusts Offer Privacy During Probate
/in Estate Planning, Probate /by Michael LonichElizabeth Taylor recently passed away with an estate estimated to be worth anywhere from $6 million to $1 billion. Radaronline, an internet based tabloid, has obtained the Notice to Creditors filed with the Superior Court of Los Angeles. This document gives creditors notice that their client has passed away, allowing creditors the opportunity to file a claim against the estate requiring that payment be made before assets are distributed to the beneficiaries. The court filings reveal that Elizabeth Taylor’s trust was created June 23, 1998, a few months after she experienced a number of medical issues and underwent hip replacement surgery. Although information like this has been made public, tabloid sites such as Radaronline cannot obtain a complete copy of the trust from the court because the trust, unlike a will or the Notice to Creditors, does not become part of the public court file in California. Thus, the trust not only helps Elizabeth Taylor’s estate avoid probate, it also offers anonymity and privacy to Ms. Taylor and the trust beneficiaries. The privacy offered by trusts is an additional benefit that should be considered when determining the appropriate estate planning vehicles to use.
If you are interested in learning more about the probate process or how a trust might fit into your estate planning needs, please contact San Jose Probate Attorneys 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.
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.