How you start a business can be crucial to your success. Picking the right business entity can have long-lasting benefits and repercussions. We review your goals and help you start your business the right way. We help you create a business that is unique to you.
From acquiring an existing business or structuring a joint venture, to exiting a business through a sale, succession, or divestiture, we can assist you with effectively navigating through the transition. A business sale or purchase can be complicated, we can draft the necessary contracts for entrepreneurs and small business owners, including:
We know that a person’s word is their bond, however, it’s always better to get it in writing. We make sure that you are represented so that your wants and needs are met. We offer the following contract services:
Darcy Law can act as your general counsel. We provide you the legal help how, when, and where your business needs it. We can provide legal advice on issues that arise in your business, including contract negotiations, drafting, and review. We can provide the services of inside counsel at a fraction of the cost. We can provide a truly comprehensive and unique service to business owners and entrepreneurs. Our clients turn to us for a wide range of legal needs, yet the true value of our services are best realized through consistent, pro-active consultation and support through a general counsel role.
Pro-active and Anticipatory Representation
Outsourced In-House Counsel
General Corporate Representation
Last Will and Testament
Your last will and testament is just a small part of a thorough estate plan. If a person dies without a Will they are said to have died “intestate” and state laws will determine how and to whom the person’s assets will be distributed. Some things you should know about wills:
A will has no legal authority until after death. Therefore, a will does not help manage a person’s affairs when they are unable to make decisions for themselves, whether by illness or injury.
A will does not help an estate avoid probate. A will is the legal document submitted to the probate court, so it is basically an “admission ticket” to probate.
A will is a good place to nominate the guardians (back-up parents) of your minor children if they are orphaned. All parents of minor children should document their choice of guardians. If you leave this to chance, your children could end up with the wrong guardians.
Trusts: Revocable Living Trusts, Irrevocable Trusts, Testamentary Trusts, Special Needs Trusts, etc.
Trusts come in many varieties, they can be simple or complex, and serve a variety of legal, personal, investment or tax planning purposes. At the most basic level, a trust is a legal entity with at least three parties involved: the trust-maker, the trustee (trust manager), and the trust beneficiary. Oftentimes, all three parties are the same, by one person or a married couple. In the case of a revocable living trust, a person may create a trust (the trust-maker) and name themselves the current trustees (trust managers) who manage the trust assets for their own benefit (trust beneficiary).
Depending on the situation, there are many advantages to establishing a trust, including avoiding probate court. In most cases, assets owned in a revocable living trust will pass to the trust beneficiaries (or heirs) immediately upon the death of the trust-maker(s) with no probate required. Certain trusts also may result in tax advantages both for the trust-maker and beneficiaries. A trust may also be used to protect property from creditors, or simply to provide for someone else to manage and invest property for the trust-maker(s) and the named beneficiaries. If well drafted, another advantage of trusts is their continuing effectiveness even if the trust-maker dies or becomes incapacitated.
Powers of Attorney
A power of attorney is a legal document giving another person (the attorney-in-fact) the legal right (powers) to do certain things for you (the maker). What those powers are depends on the terms of the document. A power of attorney may be broad or limited and specific. All powers of attorney end upon the death of the maker, and may end when the maker is unable to make or communicate decisions. When the intent is to name a back-up decision-maker in the event of incapacity, then a durable power of attorney should be used. A durable power of attorney should be updated frequently because banks and other financial institutions may refuse to honor a power of attorney that is more than a year old.
Health Care Documents (Advanced Directives)
An advance directive is a document that specifies the type of medical and personal care you would want should you lose the ability to make and communicate your own decisions. Anyone over the age of 18 may execute an advance directive, and this document is legally binding in California. Your advance directive can specify who will make and communicate decisions for you, and it can set out the circumstances under which you would not like your life to be prolonged if you were in a coma with no reasonable chance of recovery.
A document that goes together with your advance directive is an authorization to your medical providers to allow specific people to access your medical information. Without this authorization, your doctor may refuse to communicate with your decision maker.
LET’S WORK TOGETHER
We listen to our clients to understand their individual needs and give them the highest quality advice possible.