In the Community Archives - Lonich Patton Ehrlich Policastri

Lonich Patton Erlich Policastri In The Community!

February 9, 2017/0 Comments/in In the Community /by Michael Lonich

Mock trial is a great way to learn the practical tools of the legal trade. Just ask Lonich Patton Ehrlich Policastri attorney, Bobby Khalajestani, who competed in several moot court competitions during law school and was a member of Santa Clara Law School’s Trial Team! Now though, Bobby is taking a seat at the judges’ table–in early February, he judged the 2017 Santa Clara High School Mock Trial Tournament. In a mock criminal trial, over 400 participating students had to get several statements in during pretrial motions, make objections based on the Evidence Code, conduct direct and cross examinations, and give opening and closing statements. Bobby reports that everybody competed at a very high level and displayed great court room skills! The tournament is ongoing as the students progress through multiple rounds, so be sure to check out the competition schedule if you would like to watch these future lawyers in action.

Congratulations to the tournament’s participants, and good luck to everybody still in the game!

For more information about Bobby or any of our firm’s attorneys, please contact Lonich Patton Ehrlich Policastri—we offer free half-hour consultation appointments to assess your family law and estate planning needs.

Please remember though, that each individual situation is unique, and results discussed on this site are not a guarantee of future results. While our blog posts may detail general legal issues, they are not legal advice. Use of this site does not create an attorney-client relationship.

“Truly wanted to see a fair and just outcome”- AVVO reviewer

March 9, 2016/0 Comments/in Firm News, In the Community /by Lonich Patton Ehrlich Policastri

David Patton is a family law specialist and partner at Lonich Patton Ehrlich Policastri. David is an experienced trial attorney with over 22 years of experience. He co-founded the firm’s family law practice and has become one of Silicon Valley’s top family lawyers.

David has represented clients in difficult and complex cases, all while treating his clients with kindness and compassion. He recognizes that these times are some of the most overwhelming and difficult for families, and that is why he works hard and diligently to obtain favorable results.

As one AVVO client reviewer stated: “David (and his partner Mike Lonich) were genuinely interested and invested in my case. They were not solely focused on billable hours, but truly wanted to see a fair and just outcome. That sort of personal commitment went a long way toward making the whole experience, if not enjoyable, at least less miserable. I just wish I had David as my attorney when my divorce first started. I would highly recommend David Patton and his firm to anyone needing competent representation in matters of family law. “

If you have any questions about divorce or any other issue, the Certified Family Law Specialists at Lonich Patton Ehrlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Ehrlich 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.

http://www.avvo.com/attorneys/95126-ca-david-patton-319088.html

Estate Planning Lessons from Robin Williams

August 22, 2014/0 Comments/in Estate Planning, In the Community, Probate /by Lonich Patton Ehrlich Policastri

As many of us mourn the loss of this great comedic genius, new information is still coming forward about Robin Williams. According to ABC News, with more than half of his movies portraying Williams as the leading man, his movies grossed over $6 billion throughout his career. While he was paid $165,000 per episode for his one season of The Crazy Ones, it is unclear whether he returned to television because of alleged “bills he had to pay” following his two divorces.

Robin Williams is survived by his third wife, Susan Schneider, who was married to him for 3 years, and his three adult children from his prior two marriages whose ages range from 22 to 31. The question for them now is what was the state of his financial affairs when he passed away?

While it appears from public record that Williams left real estate with equity of around $25 million behind, it is unclear what else he left for his heirs. What is clear, however, is that Williams appeared to have several estate planning documents which will be invaluable to his family. These include two different trusts. The first is the “Domus Dulcis Domus Holding Trust” (Latin for “home sweet home”). TMZ also reported that someone had leaked a copy of a different trust, which Williams created in 2009. This would have been while Williams was in the middle of his divorce from his second wife, Marsha Garces.

This trust reportedly named his three children as beneficiaries, splitting their trust funds into three equal distributions for each of them, set to pay out when they reach ages 21, 25, and 30. While the Domus Dulcis Domus Holding Trust appears to have been done to minimize estate taxes, this second trust accomplishes the goals of safeguarding privacy for Williams and his family since trusts avoid probate, keeping his affairs private (as long as they are not leaked to the media).

If you would like to learn more about trusts or avoiding probate in general, call Lonich Patton Ehrlich Policastri to schedule a free half-hour consultation. Our attorneys are passionate about estate planning and have decades of experience handling complex estate planning matters, including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Ehrlich Policastri for further information.

Tax and Estate Planning for Same-Sex Couples

August 1, 2014/0 Comments/in Estate Planning, In the Community, Probate /by Lonich Patton Ehrlich Policastri

Earlier this week, the U.S. Court of Appeals for the 4th Circuit struck down Virginia’s same-sex marriage ban, saying that withholding the fundamental right to marry from same-sex couples is a form of segregation that the Constitution cannot tolerate.

In June 2013, the Supreme Court of the United States in United States v. Windsor, held that the federal government must recognize same-sex marriages and that it is up to state Legislatures to define marriage within state boundaries. Since then, numerous law-suits challenging the constitutionality of state DOMAs on equal protection and due process grounds have prevailed in various federal and state courts. Currently, 19 states, including California, plus the District of Columbia recognize same-sex marriage (recognition states), while 40 states prohibit it (non-recognition states).

The prevailing prediction is that a Supreme Court guarantee of a right to marriage is on its way. American support for same-sex marriage is at a new high of 55 percent, and California support is at 61 percent and increasing, if the trends continue. It is important for all couples to create an estate plan. Additionally, it is important for same-sex couples to be aware of the potentially complicated issues that arise when they move across state lines.

Same-Sex Couples Living in California

Same-sex married couples now living in California enjoy the same benefits and burdens under state and federal law as married opposite-sex couples. Before Windsor and IRS Revenue Ruling 2013-17 (which extended federal tax benefits to married same-sex couples, regardless of their state of residency), many married opposite-sex couples likely took this preferential treatment for granted.

Some of these benefits include:

Property transferred between spouses incident to a divorce is not subject to income or gift tax;
Spousal support (alimony) payments are tax deductible to the paying spouse;
Child support payments are not subject to income tax;
Spouses receive a community interest in 401(k) accounts and other retirement plans; and
Spouses receive all community property and anywhere from one-third to all of the deceased spouse’s separate property for intestate (when a person dies without a will or other non-probate instrument) inheritance purposes.

All couples should be aware of their legal rights at marriage, divorce, and death. It is important for both same-sex couples and opposite-sex couples to consider pre-marital agreements, estate plans, and any tax consequences that arise from marriage or divorce.

The Marital Status of Migrating Same-Sex Couples

When a same-sex couple moves out of California, their marital status will depend on the other state’s law with regards to various issues including, state tax filing status, intestate succession, guardianship and conservatorship appointments, and adoption and artificial reproductive technologies. In other words, a non-recognition state may not recognize the otherwise valid same-sex marriage.

If and when the Supreme Court guarantees a right to marriage, moving across state lines will no longer be an issue for same-sex couples. However, in the interim, it is important to be aware of the possible legal consequences.

For example, under Florida law, the definition of “heir” does not include same-sex spouses for intestate inheritance purposes. This means that a same-sex couple that was married in California, but permanently living in Florida, will not inherit from each other under the Florida intestate system. Some courts in non-recognition states are willing to recognize same-sex marriage in certain contexts through the doctrine of comity, which is where a court gives deference to another state’s laws. However, most surviving spouses want to avoid litigation because it can be a headache, requiring time, money, and mental energy.

In some cases, it might be worthwhile for same-sex spouses to opt out of the intestate system with non-probate instruments, such as estate plans. A same-sex couple’s estate plan needs to be drafted with precision, specifically naming beneficiaries, rather than using general terms such as “spouse.” This becomes especially important if a same-sex couple moves to a non-recognition state, where the court may not interpret a same-sex spouse to qualify as a spouse or heir. If any other blood related heirs of the deceased spouse were to contest the non-probate instrument, they could end up inheriting property that would have gone to the same-sex spouse in California or another recognition state.

If you are a same-sex couple and are considering marriage, or need to create or update an estate plan, please contact our California Certified Family Law Specialists. Our attorneys have decades of experience handling complex family law and estate planning matters and offer a free consultation.

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.

How Facebook Can Affect Your Divorce

July 2, 2014/0 Comments/in Family Law, In the Community /by Gretchen Boger

Last February 2013, a New York Father was awarded sole custody after a Mother utilized Facebook to “insult and demean” her ten year old child. The Court found that Father was “more able to provide a stable and nurturing environment” for the children, citing Mother’s “inappropriate use of the Internet and lack of remorse or insight into the appropriateness of such behavior.”

Social media can play a dangerous role during divorce proceedings. Facebook, which now has more than 800 million active users, has become an important and undeniable presence in today’s culture. Your profile shares and records everything from your personal information, to your new profile picture, and your mood. Your posts may be valuable evidence to your ex-spouse’s divorce attorney.

In recent years there has been an increase, especially in family law cases, of the amount of evidence collected from social media sites. Photographs, updates, and conversations you post online may be admitted into evidence. Further, it might not be a good idea to post about your divorce proceedings. If you do, choose your words carefully and express yourself diplomatically – on the same level as you would present yourself to your judge. This rule of thumb extends to iMessages, emails, Twitter, dating websites, your blog, etc.

Remember that anything online is extremely accessible. If you post anything that contradicts what you have stated in your pleadings, it can impeach your credibility and given the discretionary nature of family law cases, may negatively impact your case. For example, the following Facebook activity often makes its way into the family courtroom:

Posting pictures of an extravagant vacation – you at a resort indulging in the day spa can provide evidence of financial misconduct with regards to spousal support or child support.
Updating your status while inebriated – constant updates with slurred-speech or checking-in to five happy hours each week can suggest you have drug or alcohol dependency problems and sway the judge in awarding custody.
Bad mouthing your divorce proceedings – complaining about your judge or your ex-spouse’s nasty opposing counsel can appear as if you do not take the process seriously.

Even if you have de-friended people who know your ex and made your privacy settings air-tight, your ex may still be able to access your updates. Recently, Facebook was put in the spotlight over a controversial social experiment it conducted to determine whether emotions are contagious (conclusion: they are). Without first getting consent, Facebook manipulated 689,003 user’s News Feeds to display either positive or negative posts and then monitored the users’ reactions. People have had various reactions towards this experiment. Some feel violated for being used as a lab rat. This study is a reminder that regardless of your consent, you never know who has access to or has saved what you posted.

The bottom line: think before updating your Facebook status, especially during divorce proceedings. Online statements are similar to face-to-face conversations but they are much easier to document. Further, the court may consider your posts in your divorce proceedings.

If you have any questions or concerns about your or your spouse’s online presence and how it may affect your divorce, feel free to contact our California Certified Family Law Specialists. Our attorneys have decades of experience handling complex family law proceedings and offer a free consultation.

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.

Can Your Child Sue You For Child Support?

March 12, 2014/0 Comments/in Family Law, In the Community /by Lonich Patton Ehrlich Policastri

No, your child cannot sue you for child support – not yet, anyway. Recently, 18-year-old Rachel Canning caused a national stir when she sued her parents in a potentially precedent-setting lawsuit: the New Jersey teenager filed a lawsuit against her parents requesting $654 in child support per week, thousands of dollars in attorney fees, and immediate reimbursement of her high school tuition.

Ms. Canning claimed her parents threw her out of their Lincoln Park home two days before her 18^th birthday, whereas her parents insisted the teenager moved out voluntarily. Her father, Sean Canning, explained that his daughter left the family home because she didn’t want to do reasonable household chores, be respectful, or abide by their curfew. Mr. Canning stated that “the whole thing is just destroying our family. We love our daughter. She’s our pride and joy.” A retired Police Chief, Mr. Canning explained that he’s “a liberal, liberal parent… I was tougher on my cops at work than I’ve ever been at my home, that’s for sure.”

Last week, Morris County Court Judge Peter Bogaard ruled in favor of the Canning’s, reasoning that any other decision would set a bad precedent by setting limits on parenting. The court expressed concern that Ms. Canning’s rare case, if successful, could inspire similar suits in the future. Brian Schwartz, chairman of the New Jersey Bar Association’s Family Law Section states that “in my 20 years of practicing family law in New Jersey, I’ve never seen anything like this.” Adds Jeralyn Lawrence, the incoming Family Law Section chair: “This could open the floodgates of recalcitrant kids fighting with their parents, moving out, and then suing them to keep paying.”

To the relief (presumably) of all parties involved, Ms. Canning returned home to her parents and siblings this morning. During this afternoon’s press conference, Ms. Canning’s lawyer said the suit brought against her parents had been settled “amicably,” and that her return home was not contingent upon any financial or other considerations.

Notably, Ms. Canning was not seeking to be emancipated from her parents – her lawsuit was primarily financially driven. With emancipation, minors essentially function as adults in society. Generally, they can attend the schools of their choice, enter into legally binding contracts, purchase a home, keep any income earned from a job, and so on. In court filings, Ms. Canning insisted she was “old enough to do what she wanted” – but perhaps she realized that without anyone bankrolling her endeavors, her options to do whatever she wants at this stage in her life are fairly limited.

If you have any questions about your family law issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Having a knowledgeable, experienced family law attorney by your side can prove to be invaluable for your situation. Lonich Patton Ehrlich Policastri’s attorneys have decades of experience handling complex family law proceedings and offer a free half-hour consultation.

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.

Sources: http://www.foxnews.com/us/2014/03/05/new-jersey-teen-sues-parents-for-support-claiming-was-kicked-out-home/; http://www.latimes.com/nation/nationnow/la-na-nn-rachel-canning-goes-back-to-family-20140312,0,1541517.story#axzz2vmlZmHUm

The “Dirty DUI” Case

March 4, 2014/0 Comments/in Family Law, In the Community /by Gina Policastri

The last of the participants in a widespread police corruption scandal was sentenced last week, finally concluding the saga that has been dubbed the “Dirty DUI” case. For those who haven’t been following the case, former Contra Costa County sheriff’s deputy, Stephen Tanabe, along with multiple other former police colleagues, aided a private investigator in arresting unsuspecting men outside bars for drunken driving. The private investigator’s attractive female employees had lured the men into drinking and driving in a plot to help their wives gain an advantage in their divorce and custody battles.

These elaborate stings were known as “dirty DUIs” and caused significant damage – both personally and financially – for all parties involved. Last week, Tanabe was ordered by U.S. District Judge Charles Breyer to spend 15 months in prison for his role in the scandal, which was notably lighter than the U.S. Sentencing Commission’s guidelines of 21-27 months for the crimes. However, Judge Breyer didn’t elaborate on his reasoning, only stating that the case was unique in his 15 years on the bench.

Another individual implicated in the ring was Mary Nolan, a former San Ramon family law attorney who represented the ex-wives of two men who were arrested for the DUI sting operation. Nolan hired the same private investigator working with Tanabe to wiretap the cars of people she was opposing in divorce and child custody cases. After setting up the spouses of her clients for DUI arrests, Nolan would then use the evidence gathered as leverage in family court. Though prosecutors were initially seeking a 33-month prison sentence, Nolan was ultimately sentenced to two years in prison for evading taxes and for illegally eavesdropping on a client’s spouse. Nolan was also required to relinquish her law license and pay nearly $500,000 in back taxes.

Family law cases are oftentimes emotionally charged and can lead parties to take desperate measures. A knowledgeable, experienced family law attorney can help you legally navigate the system and guide you through this trying time. If you have questions about divorce planning, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer a free consultation.

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.

Sources: http://www.nbcbayarea.com/news/local/Ex-Contra-Costa-Co-Deputy-Sentenced-in-Dirty-DUI-Case-246253961.html; http://www.sfgate.com/crime/article/Ex-Deputy-Sheriff-Stephen-Tanabe-sentenced-in-DUI-5249741.php; http://www.mercurynews.com/ci_25053072/dirty-dui-attorney-gets-two-years-prison-her

Los Gatos Art and Wine Festival Raffle Winners

September 7, 2011/0 Comments/in Estate Planning, In the Community /by Michael Lonich

Congratulations to our raffle winners from the Los Gatos Fiesta de Artes:

Grand Prize Winner of the Lonich Patton Ehrlich Policastri Estate Plan is Todd G.
First Prize Winner of the Tax Planning Consultation with Chan CPA & Company is Regina R.
Second Prize Winner of the Fitness Package with Mint Condition Fitness is Darrell P.

Thank you to everyone who stopped by the Lonich Patton Ehrlich Policastri booth at the Los Gatos Fiesta de Artes a few weeks ago. We had a wonderful time visiting with you and enjoyed participating in the community event. We hope to see everyone again next year.

Meet our Estate Planning Attorneys at the LPEP booth at the Los Gatos Fiesta de Artes

August 10, 2011/0 Comments/in In the Community /by Lonich Patton Ehrlich Policastri

Join Michael Lonich, Managing Partner, and Jennifer Mispagel, Associate Attorney, at the Los Gatos Fiesta de Artes. Michael and Jennifer will be hosting a booth and providing information on the services that Lonich Patton Ehrlich Policastri offer. The L&P booth will also be raffling off such prizes as a comprehensive estate plan prepared by the L&P Estate Planning Group; a tax management consultation with Chan CPA & Company, Inc.; and a fitness package from Mint Condition Fitness.

Chan CPA & Company, Inc. provides Silicon Valley high growth companies a broad range of accounting, taxation, financial, and business expertise. The group includes California-licensed CPA’s and attorneys from a broad spectrum of key functions and roles such as: CFO, marketing and business development, tax and financial accounting, and management consulting.

With an average of 25 years of experience, their staff comes from Big 4 and leading regional accounting firms and top tier universities. Chan CPA & Company, Inc. has worked with start-up companies ranging from networking to software to e-commerce. Many of their client start-ups have been successfully sold to Fortune 500 companies.

The tax management consultation includes a one-hour tax planning consultation for 2011 with principal, 2011 tax projection, and related Estimated Vouchers/or W-4 calculator Projection and $300.00 credit for the 2012 Entity or Individual Tax Return.

For more information, please visit http://www.chancpa.com or email at clientservices@chancpa.com

Mint Condition Fitness is located in the Vasona Station Shopping Center in Los Gatos. Opened in 2010 by Colin Triplett (Class of 2004), their mission has been to help others to lose weight and feel great, using safe and sustainable solutions. They work hard to provide their clients with everything they need to achieve their goals, including fitness coaching, nutritional counseling, and lifestyle recommendations.

This fitness package allows you to get a taste of what we do by taking you through our trial membership. The following sessions are included: one health and fitness evaluation and two fitness coaching sessions.

For more information, please visit www.mintcondition-fitness.com or e-mail at info@mintcondition-fitness.com.

Lonich Patton Erlich Policastri In The Community!

“Truly wanted to see a fair and just outcome”- AVVO reviewer

Estate Planning Lessons from Robin Williams

Tax and Estate Planning for Same-Sex Couples

How Facebook Can Affect Your Divorce

Can Your Child Sue You For Child Support?

The “Dirty DUI” Case

Los Gatos Art and Wine Festival Raffle Winners

Meet our Estate Planning Attorneys at the LPEP booth at the Los Gatos Fiesta de Artes

Free 30-Minute Family Law or Estate Planning Consultation

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