BERYS LAW | Business, Real Estate, Wills/Trusts

Starting a business is exciting—but forming a legal entity without careful planning can lead to costly mistakes down the road. Whether you’re a freelancer growing your brand, a small business owner expanding your operations, or a startup founder ready to scale, how you structure your business matters. Unfortunately, many entrepreneurs rush through the process and overlook key steps, which can result in legal headaches, tax issues, or missed opportunities.

Here are the most common entity formation mistakes to avoid—and why each one matters.

1. Choosing the Wrong Business Structure

Many entrepreneurs default to forming a Limited Liability Company (LLC) without fully understanding the pros and cons. While an LLC is often a good fit for solo founders, it’s not always the most tax-efficient or scalable option. For example, if you plan to raise venture capital or issue stock, a C-Corporation might be better. On the other hand, if you’re a consultant making consistent income, an LLC with a...

For many freelancers, the journey begins with a laptop, a dream, and a few loyal clients. But as your client base grows and your income becomes steady—or even substantial—you may find yourself wondering: Is it time to form a legal business entity? Transitioning from freelancer to CEO is a major step, and forming an entity like an LLC or corporation can be a game-changer in how you operate, earn, and protect yourself.

When Should You Consider Forming an Entity?

There’s no one-size-fits-all timeline, but there are key indicators that signal it might be time to take the leap:

Your income is growing.

Once you’re making consistent revenue, especially above the $30,000–$50,000 annual mark, forming an entity can offer tax advantages and give your business structure.

You’re signing contracts.

Working with larger clients often means entering into contracts. Having a legal entity provides a more professional front and separates you from personal liability.

Read more: Common Contract Types...

Talking to your family about estate planning is one of the most important conversations you’ll ever have—yet it’s also one of the most difficult. Discussing money, death, and future responsibilities can be uncomfortable, emotional, and even tense. However, avoiding the topic can lead to confusion, disputes, and unnecessary stress down the road. The good news? With thoughtful preparation and a compassionate approach, you can have a productive and peaceful conversation that brings clarity and peace of mind to everyone involved.

Start Early and Choose the Right Moment

Don’t wait until a health crisis or family emergency forces the conversation. Ideally, bring it up during a calm, low-pressure time when everyone is relaxed and open to discussion. You might introduce the topic around a family gathering or after a life event like a wedding, birth, or retirement—times when legacy and planning are already top of mind.

Let your family know in advance that you’d like to talk about estate plan...

When most people think of estate planning, they imagine writing a will or assigning beneficiaries to their financial assets. While that’s certainly part of it, estate planning encompasses much more—especially when it comes to your health. Health and estate planning are deeply connected, and taking care of one without considering the other can leave you and your loved ones vulnerable in times of crisis.

Planning for the Unexpected

Life is unpredictable. Accidents, sudden illnesses, or cognitive decline can strike at any time, regardless of age. That’s why health directives—like a living will or a healthcare power of attorney—are essential components of any comprehensive estate plan. These legal documents ensure your medical wishes are respected if you’re unable to speak for yourself, and they appoint someone you trust to make decisions on your behalf.

Without these preparations, your family may face confusion, conflict, or even legal challenges about what kind of care you should rece...

Homeowners Associations (HOAs) play a major role in maintaining community standards, but many homeowners are surprised to learn just how much authority their HOA has—including the ability to impose fines. But can your HOA really fine you? The answer is yes—but only within legal limits. Understanding these boundaries is crucial to protecting your rights as a homeowner.

The Basics of HOA Authority

When you buy a home in an HOA-governed community, you agree to follow its rules—typically laid out in the Covenants, Conditions, and Restrictions (CC&Rs), as well as bylaws and community guidelines. These documents outline what the HOA can regulate, from paint colors and landscaping to parking and pet policies.

In most states, including California, HOAs have the legal authority to issue fines for rule violations. However, that power isn’t unlimited.

Discover: Can an HOA Enter Your Property to Fix Landscaping Without Permission?

Legal Requirements for Fining Homeowners

Here are several imp...

Renting out property comes with both rights and responsibilities for landlords. While fair housing laws prohibit discrimination based on race, religion, national origin, sex, disability, or familial status, landlords are legally allowed to deny rental applications for valid, non-discriminatory reasons. Here are 10 legal reasons to deny a tenant:

1. Poor Credit History

A credit check reveals how well a tenant manages debt. If a prospective renter has a low credit score, multiple late payments, or accounts in collections, a landlord may reasonably worry about their ability to pay rent on time and deny their application.

2. Insufficient Income

Most landlords require tenants to earn at least two to three times the monthly rent. If an applicant cannot demonstrate adequate income through pay stubs, tax returns, or employment verification, it’s legal to deny them based on the risk of rent default.

3. Criminal Background

While landlords must be cautious about blanket policies that excl...

Estate planning is often associated with wills and trusts, but one of the most powerful and flexible tools in an estate planner’s toolkit is life insurance. Whether you're aiming to protect your loved ones, manage taxes, or transfer wealth efficiently, life insurance can play a critical role in achieving your goals. For individuals and families alike, understanding how to integrate life insurance into an estate plan is essential for long-term financial security.

Why Life Insurance Matters in Estate Planning

At its core, life insurance provides a tax-free death benefit to beneficiaries, ensuring financial stability for your loved ones after you pass away. Unlike many other estate assets, life insurance proceeds are typically paid out quickly, helping survivors manage immediate expenses like funeral costs, mortgage payments, or outstanding debts. For those with larger estates, life insurance can also offer strategic advantages in reducing estate taxes and preserving wealth across gener...

When running a small business, every employee plays a vital role in the company’s success. Having a clear and legally sound employment contract is essential for protecting both the employer and the employee. An employment contract sets expectations, outlines responsibilities, and helps prevent misunderstandings that could lead to disputes. For small businesses with limited legal resources, understanding what to include in these contracts is especially important.

Why Employment Contracts Matter

Employment contracts formalize the working relationship. They protect your business from legal challenges and provide employees with clarity about their roles and benefits. In the absence of a written agreement, the terms of employment can become ambiguous, leading to potential liabilities. Contracts also give your business credibility and professionalism, which can be key to attracting and retaining talent.

Key Elements to Include in an Employment Contract

Job Title and Responsibilities

Cle...

Homeowners’ Associations (HOAs) are responsible for maintaining the appearance and standards of a neighborhood, which often includes enforcing landscaping rules. However, many homeowners wonder: Can an HOA legally enter your property to fix landscaping without your permission? The answer depends on several factors, including your HOA’s governing documents, the nature of the violation, and local laws.

Understanding HOA Authority

An HOA’s power to act is outlined in its governing documents—typically the Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. These documents may include provisions that allow the HOA to take corrective action if a homeowner fails to comply with landscaping standards. However, this does not mean they have unlimited access to your private property.

In most cases, HOAs can only enter certain parts of your property—usually what’s classified as "common areas" or "easements"—unless they have explicit permission or an emergency situ...

Homeowners’ Associations (HOAs) are designed to maintain the appearance and value of neighborhoods through rules and regulations. One common issue that arises is HOA violations related to lawns or landscaping. If you receive a notice of violation, it’s important to handle the situation promptly and professionally. Here's a step-by-step guide on how to respond to an HOA violation concerning your lawn or landscape.

1. Review the Violation Notice Carefully

The first step is to read the notice thoroughly. Identify what specific rule you are alleged to have violated. HOAs typically reference the relevant clause in the community’s Covenants, Conditions, and Restrictions (CC&Rs). Take note of the deadline given to resolve the issue, any potential fines, and whether there is an appeal process.

2. Understand the Rules

If you're unsure about the violation, revisit the HOA's governing documents, especially the landscaping guidelines. Some HOAs have strict requirements about grass height, ty...