The Fiduciary Duty of a Trustee

The Fiduciary Duty of a Trustee

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When you select someone as a successor trustee, you expect that person to handle your trust property in accordance with your wishes and to take proper care of your beneficiaries. However, since the successor trustee takes over after your death or if you become incapacitated, how do you ensure that the trustee is doing their job? Fortunately, every trustee has a fiduciary duty to the beneficiaries of a trust, which is the highest legal duty. This means that trustees cannot use their position of authority when it comes to the trust property for their own benefit or to cause harm to any beneficiaries. Some aspects of this fiduciary duty include: Duty of care - Managing the trust property with reasonable care, prudence, and skill to avoid losses. Duty of loyalty…
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Merger of Randick O’Dea & Tooliatos, LLP and Sargent Law Offices of Castro Valley

Merger of Randick O’Dea & Tooliatos, LLP and Sargent Law Offices of Castro Valley

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Alameda County, CA, March 21, 2019 -- Randick O’Dea & Tooliatos, LLP of Pleasanton and Sargent Law Offices of Castro Valley are pleased to announce the merger of their firms, effective April 1, 2019. The combined firm’s name, Randick O’Dea Tooliatos Vermont & Sargent, LLP, also recognizes the significant contributions of Phillip Vermont, a long-time partner of the Randick firm.  Randick O’Dea Tooliatos Vermont & Sargent maintains offices in Castro Valley and Pleasanton, serving the greater East Bay/Tri-Valley community. Sargent Law’s practice areas include estate planning, probate, trust administration, business law, Medi-Cal and Veteran’s Pension Planning.  These areas of law will further complement the practice areas of Randick O’Dea & Tooliatos which handles business law, real estate, civil litigation, trust and estate planning and administration, tax law and tax planning, and…
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Limit Your Liability as a Business Owner

Limit Your Liability as a Business Owner

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When you want to start a business, you have the right to simply begin operations without formally registering a business entity with the State of California. If you start operations alone, you will have a sole proprietorship, and a business started with multiple owners will be a basic partnership. While maintaining this type of simplified business structure may seem attractive for several reasons, it is important to realize that it opens you up to substantial personal liability if something goes wrong. You should discuss your options to limit liability with a business lawyer in Pleasanton. A sole proprietorship or partnership is not considered to be a distinct legal entity from its owners. Therefore, there is no line between business and personal debts or liabilities. Parties can seek to satisfy debts…
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Do You Need a Business Lawyer?

Do You Need a Business Lawyer?

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Many people believe that business attorneys are expensive and unnecessary. However, without the proper legal guidance, disputes, noncompliance, and unfavorable contracts can often cost your company much more in the long run. The reality is that having the right legal counsel for your business can often lower your costs and preserve your business assets. If you are wondering whether you should speak with a business attorney, it may be helpful to ask yourself the following questions: Do you have a good business idea you want to turn into a reality? Do you plan to go into business with another person? Does your business have a carefully drafted partnership agreement, operations agreement, or corporate documents? Do you understand all relevant local, state, and federal laws applying to your operations? Do you…
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63rd Regional Support Command general retires after 36 years of service

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63rd Regional Support Command Story by Alun Thomas MOUNTAIN VIEW, Calif – Shortly after relinquishing command of the 63rd Regional Support Command, Maj. Gen. Nickolas Tooliatos retired from the Army Reserve after 36 years of service, following a change of command and retirement ceremony, Sept.25, 2016, at Moffett Field, Mountain View, Calif. Tooliatos, a Pleasanton Attorney with Randick O'Dea & Tooliatos, LLP, was accompanied by his wife Joni for the for the ceremony, where he received the Distinguished Service Medal from Maj. Gen. Peter Lennon, deputy commanding general (support), U.S. Army Reserve Command, capping off a career which began in 1980. Tooliatos joined the Army Reserve after graduating from Santa Clara University that year, and was commissioned as a Distinguished Military Graduate. In the three decades that followed he served…
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