Following a lengthy trial, the Santa Clara County Family Court ruled in favor of Mr. Patton’s client, awarding full custody of the children to the mother and giving her the right to move to another state with the children.
Father in this case sought 100% custody of the children and wanted to prevent Mother from [...]
5
2010
David Patton Secures Primary Custody & Move Away Order in Hotly Contested Child Custody Case
9
2010
Estate Planning Red Flag
If you’ve recently divorced and haven’t yet revisited your estate plan, or don’t have one, you may be in for some surprises. It is important to review your estate plan to be sure that it does not confer any unintended benefits or rights on your former spouse. Here are some questions to consider:
1. Does [...]
7
2010
Is the Price Right ?
Buy/Sell Agreements and Estate Planning
Generally, for a buy/sell agreement to establish the value of a business interest for estate planning purposes it must:
1. Be a bona fide business arrangement;
2. Not be a device for transferring the [...]
5
2010
2010 The Year of No Estate Tax
The Economic Growth and Tax Reconciliation Act of 2001 eliminated estate taxes for 2010, though they will return with a vengeance in 2011. (The maximum rate, previously 45% with an exemption of 3.5 million, rises to 55% next year with an exemption of just 1 million.) Although many expect Congress to retroactively apply [...]
10
2010
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10
2010
Spousal Support is Not Always Deductible When Liability Extended Beyond Death
Husband and Wife entered into a Marital Settlement Agreement predicated upon their ultimate judgments of divorce. If the couple were to enter into a divorce, the provisions of the agreement would be fully incorporated into the final divorce judgment.
The agreement included two provisions regarding their respective rights upon death of the other party with respect [...]
8
2010
Inherited IRA’s and Management in Your Living Trust or Marital Trust
A husband and wife developed an estate plan that included a trust which was subdivided into Trust A, Trust B and Trust C. Trust A would contain the survivor’s separate and community property (Survivor’s trust). Trust B would contain the balance of the decedent’s estate (Decedent’s Trust). And Trust C (Marital Trust) allowed the surviving [...]
3
2010
Lump Sum Payment Allowed as Alimony/Spousal Support Deduction
Wife and Husband filed for dissolution of their marriage a couple years back. Prior to their final judgment of divorce, the couple reached an agreement for a lump sum spousal support payment. Marital Settlement Agreement called for a payment of approximately $150,000 and the final judgment incorporating the Marital Settlement Agreement was issued by the [...]
22
2010
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10
2010
Save The Date!
Join Lonich and Patton, LLP at the Succession Planning Seminar: Leveraging a Legacy on April 29th, 2010. This is an event for owners and executives of successful, family owned or closely held, businesses who are trying to efficiently guide their company to greater success today. Gain a lot of useful information by attending this prestigious [...]