BERYS LAW | Business, Real Estate, Wills/Trusts

Estate planning is not solely reserved for married couples. Unmarried couples can also benefit from taking proactive steps to protect their assets, provide for one another, and ensure their wishes are honored in case of incapacity or passing. 

In this post, we will discuss essential estate planning tips specifically tailored for unmarried couples.

1. Open Communication and Shared Goals

Before diving into legal documents, it's vital for unmarried couples to have open and honest conversations about their individual and shared financial goals. Discuss your wishes, expectations, and how you envision providing for one another in the future.

2. Create Wills

A will is the foundation of any estate plan. It allows you to specify how you want your assets to be distributed upon your passing. In the absence of a will, state laws may determine how your assets are divided, potentially leaving your partner without the protection you intended.

Learn more: What Is the Difference Between a Will...

Real estate transactions involve substantial sums of money, making them an attractive target for fraudsters. As a buyer, seller, or investor, it’s essential to be aware of the various types of fraud that can occur in the real estate industry. That’s what we'll explore in today’s post. We’ll also discuss some tips on how to protect yourself from falling victim.

Mortgage Fraud

Mortgage fraud occurs when false information is provided to secure a mortgage or to influence the terms of a loan. This can involve inflating property values, providing fake employment information, or misrepresenting income. 

Solution: To avoid falling victim to mortgage fraud, work with reputable lenders, and conduct thorough due diligence on all parties involved in the transaction.

Identity Theft

In real estate, identity theft can occur when a fraudster poses as a legitimate property owner or buyer. They may forge documents or use stolen personal information to gain access to...

As a tenant in California, you need to be aware of your rights and protections under state law. Understanding these rights empowers you to advocate for fair treatment and maintain a healthy, safe living environment.

 In this article, we'll go over the key rights that tenants have in California.

Right to a Habitable Property

One of the most fundamental tenant rights is the right to a habitable dwelling. Landlords in California are legally required to maintain the premises in a livable condition, free from hazardous or dangerous conditions that may affect your health or safety. 

Such requirement is outlined in the California Civil Code and include the following:

• The rental property must be properly weatherproofed to prevent water intrusion. This includes roofs, walls, windows, and doors.
• The property must have a functioning water supply system that provides hot and cold water. Plumbing fixtures, such as sinks, bathtubs, and toilets, must be in good working order.
• The...

A business succession plan is a structured strategy that outlines how a business will be transferred, sold, or otherwise transitioned to new ownership or management when certain events happen. These could include the retirement, disability, death, or voluntary exit of the current owner(s) or key stakeholders in the business.

Creating a solid business succession plan is a proactive approach that not only safeguards the business's continuity but also ensures that the owner's hard work and investment are protected.

Here’s what you need to know about the key steps to create an effective business succession plan.

Start Early and Plan Strategically

Early planning is essential for a successful business succession. Begin by assessing your long-term goals for the business and determining the ideal timeline for the transition. Consider your retirement age, the capabilities of potential successors, and the current state of the business.

Identify Potential Successors

Identifying...

Starting a successful business involves numerous legal considerations. From formation and contracts to compliance and intellectual property, legal matters are integral to the smooth operation of any enterprise. 

This is where the skills of a business lawyer come in. In this article, we'll explain how a lawyer can assist with planning your business and why their expertise is invaluable in safeguarding your interests. Read on. 

Choosing the Right Business Structure

When starting a business, you need to choose the appropriate legal structure, such as sole proprietorship, partnership, LLC, or corporation. Each structure has distinct legal implications regarding liability, taxation, and management. 

A lawyer can offer guidance on selecting the structure that aligns best with your business goals and protects your personal assets.

Drafting and Reviewing Contracts

Contracts are the foundation of any business operation, governing relationships with customers, vendors,...

Navigating the legal landscape of the workplace benefits both employers and employees. When you understand and address common legal issues, you can help maintain a healthy work environment and protect individual rights. 

Below, we will explore some of the most prevalent legal concerns in the workplace and provide insights on how to handle them effectively.

Discrimination and Harassment

Discrimination and harassment remain pervasive issues in many workplaces. They can manifest in various forms, including age, gender, race, religion, and disability discrimination. 

Employers must create a culture of inclusivity and take immediate action when such incidents occur. Some strategies include establishing clear policies, conducting regular training, and implementing robust reporting mechanisms. These are essential for preventing and addressing discrimination and harassment.

Wrongful Termination

Wrongful termination claims arise when an employee believes they were fired unfairly,...

Estate planning is an aspect of financial preparedness that ensures your assets are distributed based on your wishes after your passing. However, there are several misconceptions and myths surrounding estate planning that can hinder individuals from taking the necessary steps to protect their legacy. 

We'll debunk some of the most common myths about estate planning in this guide.

Myth 1: "Estate Planning is Only for the Wealthy"

One of the most pervasive myths is that estate planning is exclusively for the wealthy. In reality, individuals of all income levels can benefit from estate planning. It involves much more than distributing assets—it encompasses decisions about guardianship for minor children, healthcare preferences, and financial management in case of incapacity.

Myth 2: "I'm Too Young to Start Estate Planning"

Age should not be a determining factor in initiating estate planning. Accidents and unexpected illnesses can occur at any age, making it necessary to have...

Many people associate estate planning with the wealthy or older individuals, assuming it's something they can address later in life. However, the truth is that everyone can benefit from having an estate plan in place, regardless of age or financial status. 

To Ensure Your Wishes are Honored

An estate plan allows you to dictate how your assets and possessions will be distributed after your passing. Without a clear plan in place, state laws will dictate the distribution, which may not align with your preferences.

You’ll need to consider the following:

• Last Will and Testament
• Financial Power of Attorney
• Guardianship Designations (if you have young children)
• Healthcare Directives
• Beneficiary Designations
• Funeral and Burial Instructions

To Protect Your Loved Ones

If you have dependents, an estate plan provides a means to ensure their financial security and well-being. You can designate guardians for minor children and establish trusts to provide for their education,...

Selecting the appropriate legal structure is one of the most important things you need to consider when starting a business. It shapes how the business operates, how it is taxed, and how its owners are protected from liabilities. 

While there are various options available, understanding the nuances of each will help you make an informed choice. In this guide, we’ll discuss some key considerations to help you decide. 

Sole Proprietorship

This is the simplest and most common form of business structure. In a sole proprietorship, the business is owned and operated by a single individual. It offers full control and easy decision-making but also means that the owner is personally liable for all business debts and liabilities. This structure is well-suited for small, low-risk ventures.

Partnership

A partnership involves two or more individuals who share ownership and responsibilities in the business. Partnerships can be general (where all partners have equal responsibility...

Being wrongfully evicted from a rental property can be a distressing and challenging experience for tenants. As a tenant, it's important to know that you have rights and legal protections in place to prevent unlawful eviction. If you find yourself in this situation, here’s a guide to help you navigate through it.

1. Stay Calm and Gather Evidence

If you believe you're facing a wrongful eviction, remain calm and collected. Start by documenting everything related to the eviction. This includes any notices you received, communication with your landlord, and photographic evidence of the property's condition.

2. Review Your Lease Agreement

Carefully review your lease agreement to understand the terms and conditions that govern your tenancy. Pay special attention to clauses related to eviction procedures, notice periods, and any circumstances under which eviction is allowed.

3. Check Local Laws and Regulations

Familiarize yourself with the tenant rights and landlord-tenant laws in...