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A Beginner’s Guide to Living Trusts: Everything to Know

July 10, 2020/in Estate Planning, Resources

There are many reasons to consider living trusts as a beneficial estate planning device. Reducing estate taxes and having additional control over when and how assets are transferred to beneficiaries are just two of them.

People also use them to manage their assets while they are alive and take advantage of the other benefits. Living wills can help keep your estate out of probate. It can also help ensure you are taken care of during your lifetime in the event you become mentally or physically incapacitated.

Read on to discover why creating a living trust might be a good addition to your estate plan.

What Is a Living Trust?

A living trust is an estate planning document you create that will transfer assets to your trust which will be transferred to your beneficiaries after you pass on.

Unlike a will, which takes effect upon your death, a living trust takes effect once you have signed the document. Your trust becomes the owner of your property and the trustee you designate will disburse your assets to your beneficiaries at the time of your death.

Types of Living Trusts

Living trusts can be either revocable or irrevocable.

Revocable trusts can be changed or dissolved prior to your death. This is important since it allows you to change or add beneficiaries. You can also add or remove property from the trust and change the name of successor trustees.

Irrevocable trusts cannot easily be changed or dissolved. Changes often need all the beneficiaries to agree and this can sometimes be difficult to obtain. Irrevocable trusts are often used to protect assets against taxes and creditor claims.

Who Should Be Your Trustee?

If you create a revocable trust, it makes sense to name yourself as the trustee provided you don’t have a health concern that may make your incapacitated. However, you can also name yourself as trustee and name a successor trustee in the event you are no longer able to act as trustee.

If you create an irrevocable trust, it’s advisable to name someone other than yourself as the trustee. One of the benefits of living trusts that are irrevocable is that they can help protect your assets from creditors. Naming someone other than yourself as a trustee can provide weight to show that the trust wasn’t created for less than ethical purposes.

Finding a trustee to name should be well thought out. Picking someone with financial experience who can work well with your beneficiaries is essential.

The person you name doesn’t have to be a lawyer or financial adviser, but they need to be someone who knows how to get advice on issues that arise when they need help, such as with estate taxes and property transfers.

How Are Beneficiaries Affected?

Normally, when a person creates a will, the named beneficiaries inherit as soon as the estate gets disbursed. This is usually a short time after your death.

With a living trust that gets managed by a trustee, beneficiaries can benefit at whatever point your trust indicates. So, for instance, if you would like for a child or grandchild to inherit when they become a particular age or after they complete college, you can do that.

Or, a living trust can also be set up to disburse assets to beneficiaries over time, rather than as one lump sum.

Living trusts can live on for as long as there are trust assets. So you can set up beneficiaries, such as your children, to use assets during their lifetime, while the trust retains ownership. By doing so, you can ensure property and other assets remain available for use by future generations.

Benefits of Living Trusts

There are benefits to both types of living trusts. The wording in the trust will dictate your right to use the property while you are alive. But you do lose management control when you create an irrevocable trust.

Your loss of control in an irrevocable trust comes with some benefits. Your estate taxes can be lowered and the assets can be protected against claims from creditors. It can even protect the assets from a spouse during a divorce.

How To Do a Living Trust in South Carolina?

1. Define Your Estate Planning Goals

Before you begin drafting any documents, take time to consider your overall estate planning objectives. What do you want to achieve with your assets? Do you have specific beneficiaries in mind? Are there any minor children or individuals with special needs you need to provide for? Do you want to minimize taxes or protect assets from creditors? Clearly defining your goals will help you and your attorney determine if a living trust is the right tool for you and what type of trust best suits your situation.

2. Inventory Your Assets

Make a comprehensive list of all your assets. This includes tangible items like real estate (your home, vacation properties), vehicles, and valuable personal property (jewelry, art), as well as intangible assets like bank accounts, investment accounts (stocks, bonds, mutual funds), life insurance policies, and business interests. Knowing what you own is crucial for determining which assets should be placed into the trust.

Choose the Right Type of Trust

While this guide focuses on living trusts, it’s important to be aware that there are different types of trusts, each with specific purposes. The most common type of living trust is a revocable living trust, which allows you to retain control and make changes during your lifetime. Irrevocable trusts, on the other hand, are generally unchangeable once established and are often used for specific tax planning or asset protection strategies. An estate planning attorney can help you determine which type of trust aligns with your goals.

4. Select a Trustee and Successor Trustee(s)

As the grantor, you will typically serve as the initial trustee of your revocable living trust. However, you must carefully select one or more successor trustees. This person or institution will manage and distribute your assets according to your instructions if you become incapacitated or after your death. Choose someone you trust implicitly, who is financially responsible, and who can communicate well with your beneficiaries. It’s often a good idea to name at least one alternate successor trustee.

5. Identify Your Beneficiaries

Clearly identify who will receive your assets from the trust. You can name primary beneficiaries and contingent beneficiaries (who will receive assets if the primary beneficiaries predecease you). Be precise in your descriptions to avoid any ambiguity or disputes.

6. Draft the Living Trust Document

This is the legal document that formally creates the trust. It will outline your wishes regarding asset management and distribution, name your trustee and successor trustees, and specify your beneficiaries. While online resources and templates exist, it’s generally recommended to have an attorney draft this document to ensure it complies with South Carolina law and accurately reflects your complex intentions. South Carolina law states that a trust must be in writing if it concerns real property. While oral trusts for personal property are permitted, they require clear and convincing evidence.

7. Sign and Notarize the Trust Document

Once the trust document is drafted, you, as the grantor, must sign it. While South Carolina law does not strictly require witness signatures or notarization for a valid revocable trust, it is standard practice and highly recommended to have the document notarized. If you appoint someone other than yourself as the initial trustee, they should also sign to indicate their acceptance of the role.

8. Fund the Trust

This is a critical step and often overlooked. For a living trust to be effective, you must transfer ownership of your assets into the name of the trust. This is called “funding” the trust. Simply creating the trust document is not enough. Assets that typically go into a living trust include:

Real estate (by changing the deed to reflect the trust as the owner)
Bank accounts
Investment accounts
Business interests
Valuable personal property

Assets like retirement accounts (e.g., 401ks, IRAs) and life insurance policies typically have designated beneficiaries and are often not placed directly into the trust, though the trust can be named as a contingent beneficiary. Your estate planning attorney can guide you through the process of re-titling assets to ensure they are properly funded into your trust.

9. Review and Update Periodically

Life circumstances change, and your living trust should evolve with them. It’s crucial to review your trust regularly, typically every three to five years, or whenever significant life events occur, such as:

Marriage, divorce, or remarriage
Birth or adoption of children
Death of a beneficiary or trustee
Significant changes in your assets or financial situation
Changes in state or federal tax laws

Regular reviews ensure your trust remains up-to-date and accurately reflects your current wishes. Revocable trusts can be amended or restated (meaning a new trust is created that supersedes the old one) to reflect these changes.

Discuss Your Estate Planning Options

Schedule an appointment to talk to your lawyer about living trusts and estate planning options that are available to you. No matter what the size of your estate is you should have an estate plan in place.

7 Questions to Ask Before Choosing a Real Estate Attorney

June 22, 2020/in Real Estate, Resources

With over 5 million residential real estate transactions per year, people can become overwhelmed with the process of buying and selling. It might be time to get a real estate attorney to assist you.

If you want to ensure you’re legally safe, then you’ll need to vet the attorney properly. Make sure you ask these questions before making the final hiring decision.

1. How Much Experience Do You Have?

The attorney’s experience level is paramount. A longer tenure in the field generally translates to a broader understanding of various real estate scenarios and a greater ability to navigate unforeseen challenges. When an attorney has been practicing for many years, they’ve likely encountered a wide array of cases, from straightforward property transactions to highly contentious disputes. This exposure arms them with practical knowledge that goes beyond what’s written in textbooks.

Consider the nature of your real estate needs. Are you embarking on a relatively simple process, such as buying or selling a standard residential property? Even in these seemingly simple situations, a seasoned real estate lawyer can be invaluable, guiding you through the intricacies of contracts, disclosures, and closing procedures. They can identify potential red flags in agreements, ensuring your interests are protected and preventing future legal headaches. For instance, an experienced attorney can spot ambiguous clauses, hidden liabilities, or unfavorable terms that an untrained eye might miss, ultimately saving you significant time, money, and stress. They can also advise on necessary due diligence, such as title searches and property surveys, to ensure a clean transaction.

However, if your situation is more complex—involving a potential lawsuit, a boundary dispute, or allegations of fraud—the importance of an experienced attorney escalates dramatically. Imagine you’ve purchased a home, only to discover that the home inspector and selling agent knowingly misrepresented the property’s condition, concealing major structural defects or environmental hazards. In such a scenario, you’ll need a highly experienced attorney to effectively litigate on your behalf. They will understand the nuances of real estate fraud, consumer protection laws, and contract breaches, enabling them to build a strong case. Their experience will also inform their strategy, from gathering evidence and negotiating settlements to representing you vigorously in court. They can anticipate the opposing party’s tactics and develop counter-strategies, maximizing your chances of a favorable outcome.

Beyond simply having years under their belt, inquire about the attorney’s specific experience with cases similar to yours. A general real estate attorney might have broad experience, but if your case involves, say, commercial lease disputes, you’d ideally want an attorney with a proven track record in that niche. Their familiarity with similar situations means they can anticipate potential obstacles, offer relevant advice, and streamline the legal process. No matter your current or anticipated real estate situation, thoroughly vetting an attorney’s experience is the first critical step in securing competent and effective legal representation.

2. What Are Your Fees?

Understanding an attorney’s fee structure upfront is crucial for managing your budget and avoiding unpleasant surprises. Real estate transactions often involve significant financial outlays, and legal fees are an additional, but necessary, expense. The cost of legal representation can vary based on several factors, and a clear understanding of these variables will help you make an informed decision.

Some of the most common factors influencing an attorney’s fees include:

Type of real estate transaction
Size of the deal
Lawyer’s current schedule and demand

For straightforward tasks, such as having a lawyer review paperwork to ensure accuracy and avoid future legal issues, you might encounter a flat fee. This fixed charge provides predictability, allowing you to budget precisely for that service. For example, an attorney might charge a flat fee of a few hundred dollars to review a standard residential lease agreement or a basic purchase contract.

Conversely, for larger, more complex deals, such as commercial property acquisitions, intricate development projects, or litigation, attorneys typically charge an hourly rate. These rates can range significantly, often between $100 and $400 per hour, or even higher for highly specialized or senior attorneys in major metropolitan areas. It’s essential to understand what is included in this hourly rate (e.g., phone calls, emails, court appearances) and how time is tracked.

For attorneys who are in high demand and whose expertise is highly valued, you might encounter a monthly retainer or an upfront fee. This payment reserves a portion of their time for your case, ensuring their availability and commitment. A retainer acts as a down payment against future hourly charges, with the attorney drawing from this fund as they work on your case. Once the retainer is depleted, you would typically be billed for additional hours.

In some specific real estate situations, particularly those involving a sale or purchase where the attorney’s involvement is directly tied to the successful completion of the transaction, an attorney might agree to a percentage cut of the sale or purchase price instead of upfront payment or hourly billing. This arrangement aligns the attorney’s financial success with yours, incentivizing them to secure the best possible outcome. However, this is less common for standard transactional work and more often seen in cases where the attorney’s role is contingent on the deal’s completion, or in certain types of litigation where a contingent fee might be negotiated.

Regardless of the fee structure, always obtain a written fee agreement outlining all costs, billing practices, and potential additional expenses (such as filing fees, court costs, or expert witness fees). Having this clarity upfront will prevent misunderstandings and financial disputes down the line, allowing you to focus on the legal aspects of your real estate matter with peace of mind.

3. Can You Give Me a Plan of Action?

When you engage a real estate attorney, it’s often because you’re navigating unfamiliar legal territory. While you may not be an expert in real estate law, you should still expect your attorney to provide a clear and comprehensive plan of action. A competent lawyer will not only tell you what they intend to do but will also explain why each step is necessary and what the potential implications are. This transparency is crucial for building trust and ensuring you remain informed throughout the process.

A well-articulated plan of action should outline the key stages of your case or transaction. For instance, if you’re buying a home, the attorney’s plan might detail the steps from contract review and negotiation, through due diligence (e.g., title searches, inspections), to closing procedures and post-closing follow-ups. For a more complex dispute, the plan might include initial investigation, discovery, negotiation, mediation, and, if necessary, litigation. The attorney should break down these stages into understandable components, avoiding overly technical jargon where possible. They should also discuss potential timelines and what milestones to expect.

Importantly, a robust plan of action should be accompanied by an open line of communication. Real estate matters, like life itself, rarely unfold precisely as planned. Unforeseen issues can arise, market conditions can shift, or opposing parties might introduce new elements. Therefore, it’s imperative that your attorney keeps you updated on any developments, changes, or challenges. Ask the lawyer about their preferred methods of communication (e.g., phone calls, emails, client portals) and their expected response times. You should feel confident that you can reach your attorney or their support staff when needed, and that your inquiries will be addressed promptly. Most reputable law firms understand the urgency often associated with real estate matters and aim to return calls or emails within one business day. For situations requiring immediate attention, many firms provide an emergency contact line or a clear protocol for urgent communications.

Beyond just updates, the attorney should be willing to explain the rationale behind their decisions and any legal advice they provide. You should never feel like you’re simply being told what to do without understanding the reasons why. This collaborative approach empowers you to make informed decisions and feel more in control of your legal journey. A lawyer who can clearly articulate their strategy and maintain consistent communication demonstrates their commitment to your case and their professionalism.

4. Are You the Only Real Estate Attorney on the Case?

The question of who will be directly handling your case is highly significant, particularly when considering larger law firms. While a larger firm might offer extensive resources and a deep bench of expertise, it’s essential to clarify whether you will be working primarily with the attorney you initially consult, or if your case will be primarily managed by a team of associate lawyers and paralegals. You need to feel comfortable and confident with every individual who will be involved in your legal matter.

It’s common for larger firms to operate with a team approach, where senior attorneys oversee cases, and associates or paralegals handle various tasks such as research, drafting documents, and managing communication. While this can be an efficient way to manage workload and leverage different levels of expertise, it’s crucial to understand the extent of each team member’s involvement. If your expectation is to work directly and consistently with the lead attorney you hired, then you need to be forward about your expectations regarding who will be working with you. Getting “passed off” to another lawyer without prior understanding can lead to a feeling of disconnect, a lack of personal attention, and potentially a fragmented understanding of your case details.

Real estate cases can be deeply personal and, at times, emotionally charged or even humiliating, especially when they involve sensitive financial dealings, personal property, or family matters. Individuals who are naturally guarded about their personal affairs and financial transactions often prefer a consistent point of contact. They may not want numerous strangers knowing the intimate details of their business. If you value a personal and consistent working relationship with a single attorney who fully understands the nuances of your situation and with whom you can build rapport, then express this preference upfront.

Ask specific questions such as:

“Will you be my primary point of contact throughout this process?”
“Who else from your firm will be working on my case, and what will their roles be?”
“Will I have direct access to them, or will all communication go through you?”
“How often can I expect to communicate directly with you?”

Understanding the firm’s operational model and the specific individuals who will be involved will help you determine if their approach aligns with your personal preferences and the level of personalized service you desire. This clarity prevents misunderstandings and ensures that your experience with the legal team is as comfortable and effective as possible.

5. Why Should I Choose You Instead of Another Lawyer?

This question might feel direct, but it is a critical inquiry that encourages a prospective attorney to articulate their unique value proposition. It’s not meant to be confrontational; rather, it’s an opportunity for them to demonstrate what sets them apart in a competitive legal landscape. The truth is, the market for real estate lawyers is robust, with many qualified professionals offering their services. Your decision will ultimately come down to which attorney best aligns with your specific needs and priorities.

A significant part of the attorney’s answer will depend on what you value most in legal representation. Do you prioritize quick deals and efficiency, seeking an attorney who can expedite the process without sacrificing accuracy? Or perhaps you prefer to be completely hands-off, entrusting your attorney to manage every detail and keep you informed only of major developments? Maybe your priority is an attorney with a deep understanding of complex financial structures, or one known for aggressive litigation tactics. Before asking this question, take a moment to consider your own priorities and communicate them to the attorney, as this will help them tailor their response to your specific concerns.

Strong competition in the legal field should ideally motivate attorneys to perform at their highest potential. When you ask an attorney what makes them superior to other firms in the area, their answer should be straightforward and concise. Look for clear differentiators, such as:

Specialized expertise: Do they have a particular niche in real estate law that directly relates to your case (e.g., commercial leasing, land development, environmental regulations)?
Proven track record: Can they point to successful outcomes in cases similar to yours?
Unique approach: Do they offer a specific methodology or philosophy that makes their service more effective or client-friendly?
Client communication and service: Do they emphasize their responsiveness, accessibility, or a personalized client experience?
Cost-effectiveness: While not always the primary factor, some attorneys might highlight their ability to provide high-quality service at a competitive rate or their strategic approach to minimizing legal costs.

Be wary of attorneys who ramble without providing a clear answer. A confident and competent attorney should be able to articulate their strengths and competitive advantages succinctly. Their pitch should feel like a focused argument for why they are the best choice for your specific situation.

Most law firms will seize the opportunity to highlight their achievements and capabilities to a potential client. This question essentially makes them pitch their services to you, encouraging them to bring their best abilities to the forefront. Their response will not only reveal their strengths but also give you insight into their confidence, their understanding of the market, and their commitment to client acquisition. This direct challenge allows you to assess their self-awareness, their professional pride, and ultimately, whether their strengths align with what you need in a legal representative.

6. Have You Had a Case Like Mine?

For complex real estate matters, having a legal representative with direct experience in cases similar to yours is invaluable. While general experience is important, specific familiarity with your type of situation can significantly impact the outcome. When you ask, “Have you had a case like mine?”, you’re probing for practical, hands-on knowledge rather than just theoretical understanding.

An attorney who has handled cases similar to yours will likely have a deeper understanding of the specific legal precedents, potential pitfalls, and effective strategies relevant to your situation. They can draw upon past experiences to navigate challenges more efficiently, saving you time and potentially money. More importantly, ask them how they performed in that case. Were they successful? What were the key takeaways or lessons learned from those experiences? Their ability to recount similar cases and their outcomes will provide tangible evidence of their relevant expertise.

A great attorney will also be able to discuss possible obstacles in your case and how they plan to overcome them. For instance, if you’re dealing with a property dispute involving an easement, an experienced attorney might immediately identify the challenges related to unclear property lines or unrecorded agreements and outline a strategy to gather evidence or negotiate with the opposing party. They should be able to anticipate the other party’s strategy and articulate their own plan of action to counter those moves. This forward-thinking approach is a hallmark of a skilled litigator or negotiator.

It’s also important to remember that even if the specific attorney you’re consulting hasn’t personally handled a case identical to yours, it’s possible that someone else in their firm has dealt with your type of case. Larger firms, in particular, often have multiple attorneys with diverse specializations. If this is the case, inquire about their internal collaboration process. Will the attorney you are speaking with consult with colleagues who have relevant experience? Will they bring in another attorney from the firm to co-counsel or provide insights? Understanding how the firm leverages its collective knowledge can be just as reassuring as an individual attorney’s direct experience. Ultimately, you want assurance that the legal team representing you has a clear roadmap and a proven track record for tackling the unique complexities of your real estate matter.

7. Do You Have References?

When you meet with a lawyer for an initial consultation, it’s their opportunity to make a strong first impression. They will naturally present themselves in the most favorable light, highlighting their successes and professionalism. While their presentation can give you a sense of their personality and communication style, it only provides one side of the story. To gain a more complete and objective picture of the attorney’s capabilities and client experience, it is essential to ask for a list of recent references.

A list of professional references, ideally from clients whose cases are similar to yours or who have recently engaged the attorney’s services, offers invaluable insights. Speaking with these references allows you to hear firsthand accounts of their experience with the lawyer. You can inquire about crucial aspects such as:

Communication: How effectively did the attorney communicate? Were they responsive to calls and emails? Did they keep the client informed throughout the process?
Responsiveness under pressure: How did the attorney perform when facing unexpected challenges or tight deadlines? Did they remain calm and strategic?
Weaknesses and strengths: While references will naturally focus on positive aspects, asking about any areas for improvement can also provide a balanced perspective. Conversely, they can highlight the attorney’s standout qualities, such as negotiation skills, attention to detail, or courtroom presence.
Overall satisfaction: Would the client hire this attorney again? Would they recommend them to others?

Start the Interview

The future of your real estate transaction depends on the questions you ask. A real estate attorney who answers confidently can make your life easier.

The right real estate legal professional can answer your questions, review documents, and argue cases for you in court.

Don’t wait any longer. Get the right attorney who will fight for you by contacting us today.

Asking for Emergency E-Witnessing and Notarizing in South Carolina

April 5, 2020/in Estate Planning, Resources

Photo by Kelly Sikkema on Unsplash

South Carolina currently prohibits remote witnessing of legal documents. In order to properly execute estate planning documents and other legal documents, the witnesses must be within a few feet of the person signing the documents. This rule makes sense and is in place for a variety of reasons. In person, it is easier to determine the mental state of the person signing and to ensure there is no duress or coercion by a third party.

As this pandemic continues, many States are issuing stay at home orders for all residents and restricting people from leaving their homes except to purchase food and essentials. I expect, in an effort to reduce infections, South Carolina will soon join the States who already have a mandatory stay at home order.

Many of my clients cannot leave their homes because they suffer from a condition that makes them more vulnerable to dying from the COVID-19 virus. With clients with medical conditions that prevent them from coming to my office, I would normally go to their homes to discuss their estate plan and execute documents. Since they cannot leave their homes or have visitors, people who are self-isolating cannot execute legal documents.

For these clients, I feel extremely helpless. I want to help them but the circumstances we are currently in prevent it. I’m sure you have felt helpless at some point during this crisis too. But there is something you can do. I, along with many other attorneys and legal professionals, have reached out to our Governor to ask him to temporarily relax the rules for witnessing legal documents and allow for remote witnessing. Many of us use Zoom and Skype to stay connected with teachers, friends, family and co-workers. By allowing remote witnessing and notarizing, we can still provide these essential legal services and do our part to stop the spread of this virus. If you are interested in helping, please email Governor McMaster by clicking on this link, governor.sc.gov/contact-governors-office, and ask him to allow remote witnessing of legal documents. Thank you so much for your help.

Additional Resources: From wills to home sales, SC lawyers are asking for emergency remote notary measures

COVID-19 Closing Procedures Bulletin

March 24, 2020/in Estate Planning, Real Estate, Resources

Register Your Business: Reasons Why Trademarking a Brand is a Good Idea

September 28, 2019/in Business Law, Resources

In today’s competitive world, you want to do everything you can to protect your business. For that reason, you need to consider the value of trademarking a brand for that business. Doing so could protect your investments in the long run.

After all, even experts recognize the importance of trademarking a business these days. Don’t underestimate the value of legal protection of your intellectual property. While you may not think that paying for a trademark is worthwhile, it’s in your best interest to reconsider.

The good news, though, is you’ve come to the right place with this article. Detailed below is everything you need to know about the benefits of trademarking your brand.

Don’t take the risk of letting other businesses cash in on your ideas and designs. Instead, take the time to invest in a proper trademark so you can focus on increasing profits for years to come.

You Deserve Legal Ownership over Your Ideas

The first thing to recognize is that trademarking your brand will simply feel better. You deserve to feel like you have real ownership over your brand and intellectual property.

After all, you spent time and energy designing that logo, right? You spent countless hours developing that branded social media marketing strategy, right? Don’t make the mistake of losing all of that value by not trademarking your brand soon.

If You Don’t Register Your Business, You Might Be Infringing on Someone Else’s

Of course, not only does a trademark protect your ideas and intellectual property from getting stolen. You’ll also be protecting yourself from accidentally stealing someone else’s!

The reason for this is that when you’re ready to trademark your brand, you’ll have to register it. Since all trademark registrations are recorded, you’ll be able to know right off the bat if someone else is already using your branding strategy.

Consider the following statistic regarding registered trademarks throughout the world. It indicates that in the year 2017, there were about 5.4 million registered trademarks worldwide. In other words, there’s no telling if someone else has your brand registered until you research.

For this reason, it’s smart to wait on your marketing campaign until your trademark is authorized. You don’t want to waste all of your company resources on promotional products you can’t use.

For one thing, that would be a serious waste of money. For another thing, you’ll have to take the time and effort to redesign your branding strategy altogether. That’s why trademarking your brand as soon as you think of it is in your best interest.

Establish an Official Reputation in Your Industry

Starting your own business is no easy feat in the first place. That’s why it’s wise to connect with other established professionals right off the bat. You understand the value of networking to develop corporate relationships, right?

Well, with an official trademark, expect other businesses in the industry to take you more seriously. Since a trademark is a long-term investment, you’re proving that you’re dedicated to sticking around. For that reason, you’ll find plenty of business connections to make the most of your endeavors.

In fact, odds are that you will want an established relationship with a trusted business law attorney. That means that when you’re ready to invest in a trademark, you should connect with a law firm.

In particular, focus on connecting with one that can continue to represent your business’s best legal interests. Doing so is another way you’ll be establishing your business as a top-quality one.

Trademarking a Brand Avoids the Risk of Losing Customers

Imagine you’ve been building your business for about a year before trademarking it. You’ve developed a loyal consumer base with your current branding strategy.

Those customers know how to recognize you when they need your products or services. Customer loyalty, in the long run, is an invaluable asset.

Then, someone else in your local market establishes a business with pretty much the exact same brand. Not only that, but they trademark the brand that you’ve been working with all this time.

Before you know it, all of your loyal customers are starting to look at the other business. Why wouldn’t they, since you both have the same marketing strategies?

That’s one of the most significant reasons for trademarking a brand. If you don’t do so as your business is getting started, you’re taking a huge risk.

Someone else might do so before you know it. At that point, you’ll have no legal claim to the intellectual property since you avoided trademarking it. Those loyal customers, then, are no longer yours.

Your Trademark Will Never Expire

Don’t forget that when you register your trademark, it never expires. For the rest of the future, that intellectual property will be legally associated with your name.

This is of particular convenience since you don’t have to worry about keeping up with recurring registration fees. Plus, it allows you to grow and expand your company without fear of losing the trademark you’ve established.

Invest in a Proper Trademark for Your Business’s Brand Today

At this point in the article, you have a thorough understanding of why trademarking a brand is so worthwhile. As a responsible business owner, your top priority is the company’s bottom line. That means that it’s crucial you protect your investments in this brand.

After all, you deserve the peace of mind that comes from knowing no one can steal your ideas! Whether it’s accidental or intentional, it’s only too common for businesses to copy each other. For that reason, prevent the loss of your customers with an official trademark.

Of course, even when you have to legally defend your trademark, you’re going to need help. It’s fortunate, then, that this is where we can help you.

We prioritize representing our clients’ businesses in the best light during legal cases. We want to ensure your business has its rights and intellectually property well-protected.

That’s why we encourage you to browse through the rest of our website to see how we can help defend your business. To start, check out more information about our experience with trademarks on our website today.

13 Simple Steps to Closing on a House

September 23, 2019/in Real Estate, Resources

33% of home buyers are first-timers, which means there are many people who have never navigated the process before. If it’s your first time purchasing a home, it may feel both daunting and exciting, all at once.

Although your realtor can help you out along the process, there are a few things you should know to make it easier. Here are 13 simple steps to closing on a house.

1. Open an Escrow Account

An escrow account is an account with the money and documents. The account holder is a neutral party to ensure neither you or the seller get taken advantage of.

During the entire real estate transaction, this neutral third party will be in charge of these vital things. At the very end, both the money and the documents will go to the appropriate parties to finish the transaction.

2. Get an Appraisal

Before you get a mortgage, you need to get an appraisal for the property. Thankfully, most lenders hire their own appraisers, so you won’t need to do much in this step.

But if the lender you’re looking at has asked you to find your own appraiser, you’ll have to do this as soon as possible so you can move onto getting pre-approval for your mortgage.

3. Get Pre-Approval for Your Mortgage

Taking care of this step can make the deal go quicker, and can also give you more control over it. When you can prove you have pre-approval for a mortgage, it’ll give the seller peace of mind, as they’ll know you have the appropriate funds for the purchase.

4. Lock in Your Interest Rate

Once you’re pre-approved for a mortgage, you’ll want to lock in your interest rate. Since mortgages can take a lengthy period of time to repay, the risk of interest rates rising is significantly high.

Eliminate this risk by locking in the interest rate you’re offered. This will depend on a number of factors, such as your credit score and property.

5. Perform a Title Search and Get Title Insurance

Theoretically, when you purchase a home, the title transfers from the seller to you. But there may be other people who potentially have a claim to the property, such as a tax collecting agency.

Performing a title search will enable you to find out if anyone has claims to the property. You can then get the seller to resolve these before you finalize the purchase.

Buying title insurance will protect you, should loss or damage happen. Possibilities of those occurrences can stem from liens or defects in the title or ownership of the home.

6. Hire a Real Estate Attorney

The state of South Carolina requires that you have a real estate attorney for closing. There are many documents with legal jargon in them, and you want to make sure you understand them before you sign.

With a real estate attorney on your side, they can help you navigate all documents and ensure you understand what you’re signing. They’ll protect your rights.

7. Negotiate the Costs Involved

Closing on a property doesn’t just involve paying the price of the home. There will be plenty of administrative fees, review fees for various documents, and processing fees. These are all considered junk fees, and your lender will most likely make you pay all of them.

Before you agree to it, speak with them and see if you can get them reduced or eliminated. You’d be surprised at what they’ll agree to, so it never hurts to try.

8. Get a Home Inspection

A home inspection gives you the chance to see if there’s anything seriously wrong with the property. If there is, you’ll have the option of backing out of the deal.

Otherwise, if you have a home-inspection contingency, you can either ask for the seller to fix the problems or reimburse you for the repairs.

9. Get a Pest Inspection

Some lenders will require you get a pest inspection; it’s a good idea to get one anyway. Any type of infestation can lead to serious damage in the future, so you want to take care of any potential problems now.

If pests are found, you can usually convince the seller to pay for the pest control services.

10. Renegotiate Your Offer

If there were problems found in steps 8 and 9, you can renegotiate your offer, even if the seller has already accepted it. You can either lower your bid or keep it, but ask the seller to pay for repairs.

If they refuse to pay for major repairs and you’re not comfortable purchasing the property anymore, you have the chance to back out without any penalties.

11. Remove Any Contingencies

Your real estate agent should’ve drawn up a purchase offer that has contingencies. These need to be removed (in writing) by a specified date.

Since these can be approved passively if you don’t do anything by the deadlines, you’ll need to make sure you remove these contingencies in a timely fashion.

12. Arrange for Payments Before Closing

If you don’t make payments on time before closing, not only can the deal get canceled, but your earnest money can go to the seller as well. Make sure you’ve made all the proper arrangements for your payments so this doesn’t occur.

13. Get a Final Walkthrough of the Property

A final walkthrough of the property you’re purchasing will let you see several things. For one, you ensure no new damage has happened in the time between the home inspection and the current time. Also, it lets you inspect whether or not the seller’s made acceptable fixes.

Use These Steps to Closing on a House for Success

With these steps to closing on a house, you’re better prepared for the home buying process. This is an exciting time in your life, so don’t let unnecessary details stress you out. By educating yourself before purchasing a house, you’ll take a lot of the burden off your shoulders and make it a more pleasant experience.

To get legal counsel for your real estate transaction, please contact our attorneys today.

International Expansion: How to Take Your Business Global

September 19, 2019/in Business Law, Resources

You’ve heard the saying that everyone has to start somewhere, and it’s as true as ever in business. Both Apple and the mom and pop shop down the street started with a single modest location. The difference is that at some point, Apple made a massive jump.

If you have dreams of being the next Apple, you may believe that it’s time to take the leap. At the same time, you know how huge of a transition it is, and you don’t want to make any wrong moves.

Instead of letting the unknown paralyze you, start with these tips for international expansion.

International Expansion Tips for US Businesses

Taking your business international isn’t as easy as carting your product down to Mexico and opening up a shop. Here’s how to make sure it’s the right decision and make it a successful expansion.

Run the Numbers

Like so many decisions in business, deciding to go international will start with math.

An international expansion is an expensive endeavor. Depending on your business model you’ll probably have costs like real estate, hiring, extensive marketing, permits and licenses, and more.

Do a thorough cost analysis to get an idea of the investment you’ll be making. Then find out if you have the financials to cover it. One of the biggest expansion mistakes companies make is starting an international growth plan and running out of money halfway through.

Keep it Gradual

As you start planning the route your expansion will take, remember that age-old wisdom: “Slow and steady wins the race.”

Don’t try to conquer the world in one go. Start with a single country and build your presence there first. Little by little, you can expand more and more to additional countries.

We say this because there are such dramatic differences in doing business between one country and the next. You need to do your due diligence before crossing every and any border.

Most businesses find it easiest to start with the nearest countries to them and move outward. You may begin with Canada, then Mexico, then start expanding into western Europe or South America.

Analyze Your Target Market

We’ve talked about researching your costs and challenges every time you expand into a new country. During that process, you also need to research the market you’re trying to sell to.

Is there a need for products or services like yours in the new country? Does something or someone else fill this need already? Do those customers even have the problem your product or service solves, like US customers did before you appeared?

On top of researching the demand, you need to investigate your competition in each country. If someone else already has a stronghold in your industry and their customers aren’t looking for alternatives, you may not be able to carve out the market share you need.

Investigate the Business Laws

In the US, we have business law attorneys who specialize in the area because even people who are born and raised here don’t understand all the laws and regulations. This is true in other countries too.

Before you enter each new country, you need to work with an attorney to learn about the laws in the country. Find out what types of documentation and testing you need in order to sell in that country.

This should be something you do early in the process too. You may discover that some part of your manufacturing process is banned in the country you planned to enter. This completely changes your cost analysis, so you need to know this early.

Consider Changes to Your Product

Speaking of making changes to your product, legal hurdles aren’t the only reason this may be necessary.

If you’re planning to sell an electronic product in Europe, for instance, you’ll need a different power plug. If you’re expanding to a non-English-speaking country, you’ll need to change your packaging to have the new country’s language.

These are a few of many reasons you could need a whole new product to sell in another country. As with the legal regulations, this needs to be part of your cost analysis before you decide whether to pursue your expansion.

Access Your Network

One of the most useful assets in your corner as you expand your business is your network.

A business contact in your target country could be an invaluable resource. On top of giving you insight into their local scene, they can put you in touch with the right people.

Scour your contacts to see if you know anyone with connections in your target country. If so, fill them in on your plans and perhaps they can introduce you to some people who can help you jumpstart your expansion.

Before you tell anyone about the move you’re planning, though, consult with your business attorney. You may need to ask them to sign a non-disclosure agreement before you fill them in.

Build Up Your US Staff

Most business owners that decide to expand internationally do so when they feel like their US-based business is running smoothly.

Be careful about making assumptions, though. Remember that your US business is running well with you giving it all of your focus, and the same goes for your upper management.

As you and other high-level personnel in your business focus on an expansion, it means you’ll have less time for the US side of the business. You’ll likely need to hire additional staff to pick up the slack.

Taking the Plunge

If you have a thriving business in the US, you probably didn’t get there without doing your due diligence before making major moves. You need to take the same care before taking your business international.

The tips above will guide you through the first steps in your international expansion. As you’ll notice, many of them are based on determining whether the expansion is even the right choice at this time.

If you’re ready to get into the nitty-gritty, call our business attorneys to learn more about your options and the road ahead.

10 Steps to a Knockout Estate Plan

September 16, 2019/in Estate Planning, Resources

Nobody likes thinking about what will happen after they’re gone. Estate planning is essential, though, especially if you want to make sure your loved ones are adequately cared for after you’ve passed away.

Even though most people agree that estate planning is important, only about 40 percent of adults in the U.S. have some kind of will or living trust in place.

Are you part of this group? If not, what’s holding you back?

If you have no idea where to begin, why not start with some estate planning basics.

Read on to learn 10 estate planning tips that will help you create the perfect estate plan for yourself and your loved ones.

1. Start with a Will

If you haven’t done any kind of estate planning yet, a will is a great place to start.

As soon as you can, make arrangements to sit down with an estate planning attorney and work with them to put together a last will and testament.

If you die without a will, the state will distribute your assets according to their inheritance laws. This is known as dying intestate.

If you want to avoid this and have control over the distribution of your assets (as most people do), you need to write out exactly how you want your beneficiaries to receive them.

2. Provide for Minor Children

The next step is to ensure you provide for your minor children. Use your will to appoint a guardian for them if you and their other parent both pass away.

Remember that your minor children will also need someone appointed who can handle their inherited property or assets.

Appoint someone you trust to handle all their financial affairs and make sure their money is taken care of. It could be the same person appointed as their guardian or someone else entirely.

3. Create a Living Will

A living will is a document that provides information about the care you want to receive in the event that you become incapacitated and cannot communicate.

This document (sometimes referred to as an advanced directive) includes instructions on whether you want doctors to use life-sustaining measures like breathing tubes and feeding tubes.

4. Create a Power of Attorney

A power of attorney (POA) gives someone the authority to make decisions for you if you’re unable.

Some people give a power of attorney for their health care and another to handle their financial matters. Others use the same person to handle everything.

5. Consider a Living Trust

If you want your assets to avoid going through probate, a living trust might be a good option to consider.

Through a living trust, your assets go into a trust during your lifetime. At the time of your death, these assets are transferred to beneficiaries that you designate by a representative you choose, known as a successor trustee.

A living trust can help your loved ones save time and money and receive what’s been left for them sooner.

6. Purchase Life Insurance

If you don’t already have life insurance, now is a good time to purchase it. This is especially important if you have minor children and/or own your home.

Life insurance can also be helpful if you anticipate having to pay a lot of debt or estate taxes. It will ensure that your beneficiaries can still receive what’s theirs without having to use a portion of their inheritance to pay off any debts you leave behind.

7. Name a Beneficiary on Your Bank Accounts

When you’re making plans for the future, it’s a good idea to name a beneficiary on your bank and retirement accounts.

If you do this, your bank can transfer those funds to the beneficiary automatically after your death. They won’t have to go through probate, which helps to save your beneficiaries time and money.

8. Handle Estate Tax Obligations

The majority of estates will not owe any kind of federal estate tax. If your estate is worth more than $11,180,000, though, it will be subject to these taxes.

Make sure your bases are covered if your estate is worth an amount close to this number (or if you suspect it will be at the time of your death).

Learn about any state taxes that you might have to pay as well (these can differ from the federal regulations.

9. Gather Paperwork and Other Important Information

Make sure you have all the paperwork associated with your estate stored in one place. Keep it in a folder or binder, then store then binder in a locked safe or another safe place.

Let the executor of your estate, as well as your power of attorney, know where they can find these documents.

Remember to store your digital information in this folder or binder as well. Write down passwords to all your online accounts so that your descendants can access them and handle them according to your instructions.

10. Leave a Personal Letter

You may also want to write a more personal letter to your loved ones before you go. Often, people want to leave behind messages that don’t necessarily belong in a will or other legal document.

Leave behind a letter that details the type of funeral arrangements you’d like or to list sentimental items that you want to leave to certain family members or loved ones.

Give this letter to someone you trust, such as a relative, a friend, or your attorney, so they can pass it along to your loved ones when the time comes.

Move Beyond Estate Planning Basics

These 10 estate planning tips ought to be sufficient when it comes to setting up an estate plan that works for you and your loved ones.

What if you need to move beyond estate planning basics, though?

If you need additional help setting up your estate or handling other matters related to your will, we can help.

We’ll get back to you within one business day so you can start planning for the future as soon as possible.

Legal Trouble? Here’s Why You Need a Criminal Defense Attorney

September 2, 2019/in Criminal Law, Resources

Have you been arrested or charged with a criminal offense? If so, you need proper representation from an experienced and reputable criminal defense attorney.

Being charged with a crime is always a grave matter, whether the issue at hand is major or minor. Without proper representation, you risk going to jail and incurring hefty penalties that can drag your life down. Plus, you’re left with a criminal record that will hinder your future job prospects, tarnish your name, and even destroy your relationships.

Here are all the reasons why you need a criminal defense attorney immediately you’re arrested or charged with a crime:

1. Protect Yourself

The most important reason why you should hire a criminal defense attorney early is to protect yourself. If you don’t, the chances are high that you will say or do something – or fail to do something altogether – that jeopardizes your case. Most clients are often too late to seek legal help from criminal attorneys.

A criminal lawyer knows the legal process and what you should do to protect yourself.

2. Get Expert Knowledge on the Case

Experienced and reputable criminal defense attorneys know criminal law extensively. It’s crucial to utilize their expertise in your case. Some individuals represent themselves and win, but it’s always a risky move.

Even if you’re innocent of the charges leveled against you, the court system may still find you guilty. It all depends on the evidence presented against you. And if somebody succeeds in framing you for a crime you didn’t commit, you’ll regret not having sought the services of a criminal lawyer.

Criminal defense lawyers have the expertise and experience to assess and determine whether your case stands a chance of winning. Their knowledge makes them a valuable addition to any criminal case.

3. Decipher The Charges and Penalties Facing You

Sometimes, it’s hard to even understand the charges made against you, let alone their consequences. If you don’t have any legal knowledge about your case, never risk going in alone! Consult a criminal lawyer for thorough interpretation of your predicament.

The expert will assess your charges from beginning to end. They will listen to your story and be able to give counsel on the way forward. They will list in detail the allegations made against you and inform you of the possible consequences.

They will then find ways to challenge the case, including any loopholes made when the correct legal procedures were not followed during your arrest. There are many variables and aspects to a case that only expert professionals know. A skilled criminal defense attorney will find all these variables and decide how to use them to your advantage against the complainant.

4. Take the Legal Hassle From You

People who have been through the legal system will tell you that it’s a hassle to maneuver through all the necessary processes. There is plenty of paperwork to fill and track. And, everything has to be done right or else a mistake could result in dire consequences.

A criminal attorney can do all this for you and ensure there are no mistakes made. They’ll also take the stress of handling the process away from you. Plus, they speed up the process to ensure that you get back to your normal life as soon as possible.

If there are other parties to the case, they will communicate with them on your behalf. It can be difficult for you to do so because of your emotional state, and they can turn your words against you. It’s always best to leave that to a professional.

5. Ensure You Get a Favorable Sentence

In many criminal cases, jail time and hefty penalties are a serious possibility. If there is no chance that you’re going to win the case at hand, a criminal lawyer can negotiate a lower sentence or fine for you.

Great attorneys know how to get deals and reduced sentences. They use certain facts relating to the case to get prosecutors to lower jail time in exchange for a guilty plea.

6. Experience With A Similar Case

The criminal defense attorney you hire might have come across a similar case to yours in the past. Even if the facts of the case might be different, they stand a better chance at representing you in court (especially if they won the other case).

Having ample experience with the facts of a case makes it easy to speed up the process. Because the attorney is not walking into unchartered waters, they know whether negotiating for a deal or proceeding to trial is the best option.

A faster legal process means you get to clear your name, keep your job, or have the case dealt with discretely.

7. Save Money

You will have to pay your criminal attorney for their services, but their fees are relatively cheap compared to all the expenses you’re likely to incur when representing yourself. Working alone can see you making small mistakes that are very costly. For example, missing a deadline during a trial can cost you several hundreds of dollars in fines.

There is no room for errors during court and trial. Plus, you’ll have to spend plenty of time out of work to deal with your court case when representing yourself. That means lost income that can’t be equal to the cost of hiring an affordable criminal attorney.

Consulting a Criminal Defense Attorney Is Always a Wise Choice

You can hardly go wrong with an experienced and reputable criminal defense attorney if you’re charged with a criminal offense. Their legal representation can go a long way in determining the result of your case. Don’t risk going it alone!

What is Bail and How Does it Work?

July 9, 2019/in Criminal Law, DUI Defense, Resources

How Does Bail Work?

Bail is a payment given to the court so a person doesn’t have to spend time in jail. More precisely, bail is a legal exchange with the arrestors or the court, extending people’s time before a legal proceeding.

There are two ways a person receives bail.

The police post bail upon arrest.
The court decides the bail amount.

If the court or the police responsible for the arrest have an undeniable proof for a heinous crime, each form of responder can refuse bail.

For context, bail amounts change depending on the severity of a person crime. For instance, a DUI costs less than drug possession. Here’s another layer: each state has different bail standards.

When a judge begins weighing up bail, he’ll also consider the civil and criminal history of the defendant.

Posting Bail

What does it mean to post bail? Put simply, posting bail means you pay your pail instead of going/staying in jail.

This happens the moment you’re sent into booking. An officer will either hand you a ticket explaining your bail, or you’ll have to wait. In some cases, your bail won’t be “posted” right away.

As mentioned above, if your crime is considered too serious by the judge, you might not have the option to post bail.

In these moments, before or after posting bail, you might want to contact your attorney.

Paying For Bail

You can pay in cash, by check, or other forms of currency to the court itself. This resolves you from your jail sentence but doesn’t save you from court proceedings.

If the cost of bail is too much, you might qualify for a bail bond.

Bail bonds are essentially credit loans to relieve the cost of bail. When you think about how bail works, you must realize that the actual money is credit owed to the court system for civil damages.

When a bail bondsman assists a defendant, they pay a portion of their bail up front (an amount that depends upon the bondsman) and make a defendant sign a written agreement.

This contract demands that defendants show up to their trial. If they don’t, they have to pay the bail in full. In some cases, an absent defendant has to pay the bail plus interest fees.

If finding a bail bondsman sounds risky, one has the option to depend on their insurance agency to perform the same function.

These fees fluctuate between agencies the same way bondsman costs vary district to district.

Additional Options

To avoid bail entirely, an outside force could make the case against the bond amount. For example, if the crime committed has not been fairly met with a bail amount, there’s cause for intervention.

In other scenarios, someone might convince the judge to release a defendant if there is reasonable cause. You can find some of these loopholes through having a conversation with an attorney you trust.

Issues and Concerns

An estimated 400,000 people in the US stay in jail because they can’t afford bail. Therefore, an issue surrounding the bail system is cost and effect on prisoners.

In some cases, people may be assumed culpable for crimes they didn’t commit because they weren’t able to pay bail.

Recent changes in bail laws in different states, which remove payment options, or add others on, might compel you to find an apt attorney to solve your bail problems.

Here are the current bail laws that you need to know:

Conditional release
Bail based on certain crimes

Let’s explore each of these items, giving you a headstart before you meet with your attorney.

Bail Based On Certain Crimes

If you or someone you love has committed a crime, you need to figure out how much your state charges them for release.

Furthermore, every judge determines bonds on a scaling system. This slider determines the amount the accused must owe.

If you’re unsure how much different crime is worth for bail, ask an attorney, or a law-office near you.

Conditional Release

Sometimes a judge or magistrate will release the accused instead of charging bail. Instances include:

When another puts the bail on an accused person that outweighs their risk to the community.
When the accused shows no remaining signs of a threat to a community.
When bail doesn’t sufficiently meet the charges set on the accused.
When a third-party can intervene, proving that release aids the upcoming proceedings.

There Is Someone On Your Side

You’ve asked how does bail work, and now you got your answer. With a basic knowledge of bail systems, their payment options, and legal proceedings, you’re off to a great start.

Still, you can make yourself even more secure.

At the end of the day, if you’re worried about how to pay your bail, you need a good attorney to show you the rest of the way.

Don’t be afraid to get your loved one out of a cell. What do you say? This is your chance to educate your friend and family. Make sure you are prepared before anything slips.

Go for it! Take the next step and contact us today for the consultation you need.