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Naming Your Business

Naming Your Business

business law
There are many steps to getting a successful startup off the ground. You need to select the right business entity and file the proper documents, obtain licenses and permits, find commercial real estate space (if necessary), and ensure you are in compliance with all relevant laws. However, one highly important step to starting a business is choosing the right company name. Some people think that choosing a business name is as simple as finding something catchy that stands out in your market. However, there are additional considerations that should be addressed in the naming process. Conducting a business search - In California, you cannot register a business with the same or overly similar name as another registered business. This means you need to conduct a business search to ensure your…
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The Importance of Business Succession Planning

The Importance of Business Succession Planning

Estate Planning
Many people in California earn a living from their own businesses or business interests. While you might be focused on the success of your current operations, it is also important to consider what will happen to your business if you retire, pass away, or become incapacitated. Having a carefully thought-out and drafted business succession plan is essential. You should always discuss your many options for succession with an experienced business and estate planning lawyer in Pleasanton. Some steps of creating a succession plan include: Choosing a successor - Often, this can be a business partner, adult child, or another family member who wants to take over the company. In other situations, selling your interests to a co-owner or selling the entire enterprise may be the best option. Valuating the business…
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Does an Executor Need Legal Representation During Probate?

Does an Executor Need Legal Representation During Probate?

Estate Planning
If someone named you as the executor of their will, it is common to wonder whether you need legal assistance after the testator passes away. You will need to locate the will and submit it to the probate court, after which the legal process will vary depending on the circumstances of the situation. If you have concerns or questions, never hesitate to call a probate lawyer in Pleasanton. Understanding Your Duties An executor has a fiduciary duty to the beneficiaries of the will. This means you must always act in the best interests of the beneficiaries and make prudent decisions that are never biased or self-serving. This can be more challenging than you may think. This fiduciary duty applies during all stages of probate, which might involve the following responsibilities…
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Estate Planning FAQ

Estate Planning FAQ

Estate Planning
No one enjoys pondering the possibility of a serious illness, injury, or death. However, in order to best protect your family and what you have worked for during your life, you should always consider speaking with an experienced estate planning lawyer in Pleasanton. Here are only some of the common questions we can answer for you. What estate planning documents do I need? While a will is the foundation of an estate plan, there are many additional documents that can benefit you and your family. We evaluate the individual circumstances of each client, and we can help the following and more: Last will and testamentLiving trustSpecial needs trustPower of attorney Healthcare agency and directives These legal tools each have their own purpose and benefits, and we can advise you what…
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Civil Litigation FAQ

Civil Litigation FAQ

civil litigation FAQ
The California civil court system handles many types of cases, from personal injury lawsuits to breach of contract claims, and many others. Each type of case will involve different state laws, different time limits, different burdens of proof, and more. If you believe you need to file a civil claim, contact a civil litigation lawyer in Pleasanton to discuss your options. What civil cases does your firm handle? Our team of attorneys takes on different types of civil cases, including: Real estate disputesLandlord-tenant disputesBusiness litigationTax litigationWill and trust contests and litigationClaims for financial elder abuse Whether you face a legal matter involving your business, estate planning, property, or finances, you should contact our firm to see how we can assist you. What are the time limits to file civil claims…
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Business Law FAQ

Business Law FAQ

business law
Business owners regularly face a variety of legal concerns and questions, and it is common to wonder whether you need to contact a business lawyer in Pleasanton. The following are a few of the frequently asked questions we hear. To discuss a specific situation, please call our firm directly. When can a business attorney help? A skilled business lawyer can help a company at every stage - from formation to dissolution. Even if your enterprise is only an idea in your head, it can be extremely beneficial to discuss your options with a business law firm. Our attorneys regularly help with the following and more: Business startup and entity formationFranchise purchasesHiring employeesEnsuring complianceAsset and stock salesBusiness-related legal disputesDissolution Whether your business has not yet launched or you have been in…
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The Fiduciary Duty of a Trustee

The Fiduciary Duty of a Trustee

Uncategorized
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

Uncategorized
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

Uncategorized
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?

Uncategorized
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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