BERYS LAW | Business, Real Estate, Wills/Trusts

Families often find themselves in need of legal assistance for a variety of reasons throughout their lives. From planning for the future to resolving disputes, legal services play a crucial role in ensuring that families' rights and interests are protected. Here are some common legal services that families can avail themselves of to navigate life's complexities.

Estate Planning

Estate planning is essential for families to ensure that their assets are distributed according to their wishes after they pass away. This service includes drafting wills, setting up trusts, and establishing power of attorney. A well-drafted estate plan can help minimize tax liabilities, avoid probate, and ensure a smooth transition of assets. Legal professionals can also assist in updating these documents to reflect changes in family dynamics or financial situations.

Read more: Reasons You Need An Estate Plan

Family Law

Family law encompasses a wide range of issues, including divorce, child custody, and ad...

The death of a parent is a deeply emotional and challenging time for any family. Amidst the grieving process, disputes among siblings regarding the division of the estate can add further stress and strain to familial relationships. To minimize conflicts and ensure a smooth transition of assets, careful estate planning is essential. Here’s a comprehensive guide on how to address and prevent sibling disputes after a parent’s death through effective estate planning.

Importance of Clear Communication

One of the primary causes of sibling disputes is the lack of clear communication regarding the deceased parent’s wishes. It’s crucial for parents to discuss their estate plans with their children beforehand. Open and honest communication can prevent misunderstandings and ensure everyone is aware of the parent’s intentions. Parents should explain their decisions and the reasoning behind the distribution of assets to avoid any surprises that might lead to conflicts.

Read more: Beneficiary Des...

Effective communication is a cornerstone of successful commercial real estate transactions. Given the complexity and scale of these deals, clear and consistent communication among all parties involved is crucial.

Miscommunication or lack of communication can lead to misunderstandings, delays, and even failed transactions. This article explores common communication issues that affect commercial real estate transactions and suggests ways to address them.

Misaligned Expectations

One of the most significant communication issues in commercial real estate transactions is misaligned expectations between buyers, sellers, brokers, and other stakeholders. Each party may have different assumptions about the deal’s timeline, terms, and conditions.

For example, a buyer may expect certain property improvements to be made before closing, while the seller might assume the property is being sold "as-is." These discrepancies can lead to conflicts and delays.

To mitigate this issue, it is essentia...

Property development is a complex and multifaceted process that involves a variety of legal considerations essential for ensuring that projects are completed successfully and in compliance with all applicable laws.

Developers must navigate zoning laws, land acquisition processes, environmental regulations, and building codes. Understanding these legal elements is crucial for mitigating risks and avoiding costly disputes or project delays.

Zoning Laws and Land Use

Zoning laws are a fundamental aspect of property development, dictating how land can be used within certain areas. These laws are established by local governments and divide areas into zones for residential, commercial, industrial, and other types of use. Developers must ensure their projects comply with zoning regulations to avoid legal issues.

For instance, a developer planning to build a commercial complex in an area zoned for residential use would need to apply for rezoning or a variance. Understanding the local zoni...

Publishing contracts are essential legal agreements in the literary world, outlining the terms and conditions under which an author's work is published. For authors, especially those new to the industry, understanding these contracts is crucial to protect their rights and ensure fair compensation. Here’s a detailed look at what you need to know about publishing contracts.

The Basics of a Publishing Contract

A publishing contract is a legal agreement between an author and a publisher. It stipulates the rights and responsibilities of both parties concerning the creation, production, distribution, and marketing of a book or other written work. Key components of a standard publishing contract include:

• Grant of Rights: This clause specifies which rights the author is transferring to the publisher. These can include print rights, digital rights, audio rights, translation rights, and more. Authors should be aware of what they are granting and negotiate to retain as many rights as possibl...

A Work for Hire Agreement is a contractual arrangement often used in the creative and business industries to define the ownership and rights of a created work. Understanding the nuances of such agreements is important for both employers and employees, as well as freelancers and independent contractors.

Definition and Scope

A Work for Hire Agreement is a legal document wherein an individual or entity (the employee or contractor) agrees to create a specific piece of work for another individual or entity (the employer or client).

The key aspect of this agreement is that the work produced becomes the property of the employer, not the creator. This is particularly relevant in fields such as graphic design, software development, writing, and filmmaking.

Legal Framework

In the United States, the concept of "work made for hire" is defined under the Copyright Act of 1976. There are two primary scenarios where a work can be considered a work for hire:

1. Employee within the Scope of Employ...

Effective branding can distinguish a business from its competitors, foster customer loyalty, and drive long-term success. However, branding is not just about creating an appealing logo or catchy slogan. It involves various legal considerations that can safeguard your brand's integrity and ensure its growth. Here are essential legal tips for businesses focusing on branding:

1. Trademark Your Brand Elements

One of the first legal steps in branding is securing trademarks for your brand elements, including your company name, logo, slogan, and even distinctive product names.

A trademark provides legal protection, preventing others from using similar marks that could confuse consumers. To register a trademark, conduct a thorough search to ensure your desired mark is unique, then file an application with the U.S. Patent and Trademark Office (USPTO) or the relevant authority in your country.

2. Understand the Scope of Your Trademark

When you register a trademark, it is crucial to underst...

When it comes to managing commercial properties, finding reliable tenants is crucial for maintaining a profitable and hassle-free operation. However, the process of screening potential tenants must be handled with careful attention to legal considerations to avoid disputes and maintain compliance with the law. Here are some essential ways to screen commercial property tenants while adhering to legal guidelines.

1. Background and Credit Checks

Performing thorough background and credit checks is a fundamental step in the tenant screening process. These checks help in assessing the financial stability and reliability of prospective tenants. It's essential to obtain written consent from the applicant before conducting these checks, as required by the Fair Credit Reporting Act (FCRA). The results will provide insights into the tenant's credit history, past bankruptcies, and any outstanding debts, which are critical factors in determining their ability to pay rent consistently.

2. Verif...

When starting a new business, it's crucial to comply with all the legal requirements to ensure your operations are conducted legally and your personal assets are protected. Here are the key legal services and steps needed to start a business:

Choose a Business Structure

The first step is to choose the appropriate legal structure for your business, such as a sole proprietorship, partnership, limited liability company (LLC), or corporation. This decision will impact your personal liability, taxes, and how you operate the business. Consulting with a lawyer can help you select the best structure.

Read more: How LLCs and Corporations Differ

Register Your Business

Next, you'll need to register your business name with the state to legally operate under that name. This involves filing the necessary paperwork and paying the required fees. You may also need to register for federal and state tax IDs.

Obtain Necessary Licenses and Permits 

Depending on your industry and location, you'll lik...

Independent contractor agreements are essential for businesses that engage freelancers or contract workers. These agreements help delineate the terms of the working relationship, ensuring clarity and legal protection for both parties. Here are some crucial legal tips for drafting effective independent contractor agreements.

Clearly Define the Scope of Work

The foundation of any independent contractor agreement is a well-defined scope of work. This section should detail the specific tasks, deliverables, deadlines, and expectations. Ambiguity in this area can lead to misunderstandings and disputes. For example, instead of stating that a contractor will "manage social media," specify that they will "create and schedule 20 posts per month on Facebook and Instagram, and provide monthly performance reports."

Specify Payment Terms

Clearly outline the payment structure in the agreement. Include the rate of pay (hourly, per project, or milestone-based), payment schedule (weekly, bi-weekly...