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Celebrate Mother’s Day With the Kids (Sunday, May 8th) & Then Set Time Aside Time to Make Arrangements for the Children

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As families prepare to celebrate Mom this Mother’s Day on Sunday, May 8th, children and significant others prepare to make this 1 day extra special for her. This day usually showers Mom with flowers, a dining experience, gifts and other memorable moments for the whole family to remember. The point of this day is for Mom’s to feel extra special, but Mom’s can also take this day as a reminder of things to arrange for their family’s future.

Regardless of whether you have been a Mom for 1 year or 21 years, you and your children will feel even more love between yourselves when you let them know that you have planned for their future with estate planning arrangements. Estate planning arrangements offer answers to the following questions:

  1. Who will care for the kids in Mom’s long term absence or death?
  2. Will the kids be left under the parental guidance of their natural father upon Mom’s death?
  3. Are there any savings accounts reserved for supporting the kids upon Mom’s hospitalization, incapacity or death?
  4. Are there any life insurance policies Mom set up?
  5. Who will handle the children’s financial, healthcare and educational future if Mom cannot do it?
  6. If Mom passes away, what items (including houses) do the children split and when?
  7. If Mom owns a business and suffers an accident, who carries on the business?

Estate planning answers many other questions that are dependent upon the family structure. This is even more important where there are circumstances involving adopted children, step children, blended families, disputes among family members and so on.

Therefore, enjoy Mother’s Day this coming Sunday. Hug your children like never before on this day and then focus on how you can show them your love even more through estate planning.  Calendar a reminder to yourself as a Mom to plan for your children’s future through Wills, Trusts, Financial Planning and other methods.

 

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Local San Diego Business Spooner Boards on Shark Tank This Friday!

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Are you a fan of the ABC hit-show Shark Tank? Or perhaps you like to support your local business on television? Watch Shark Tank this Friday, May 6, 2016 at 9pm PST on KGTV Channel 10 (ABC Channel) to support local business, Spooner Boards. Spooner Boards based out of National City, CA builds boards in the South Bay area. I’ll be watching as this local team of entrepreneurs wades through tough waters with the “sharks.”

Learn more about Spooner Boards through the National City Chamber of Commerce.
Ryan-Cruz Law, APC is a proud member of the National City Chamber of Commerce.

Learn how small businesses grow into big successes on a local and national level.

5 Great Ways to Find the Best Real Estate Attorneys in San Diego

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When you or your family finds itself in need of a qualified real estate attorney for your San Diego-based property it can become a daunting task. There are so many attorneys out there advertising both offline and online claiming experience in real estate. So how do you find qualified and experienced real estate attorneys in San Diego? Here are a few pointers to consider when you are searching for the best real estate attorneys in San Diego to take on your property needs.

  1. Request Recommendations from Your Friends and Family – start off by inquiring within your network. Ask your friends and family members for recommendations. You’ll learn about how others have used a real estate attorney in the past and what to expect in involving a real estate attorney.  Friends and family will look out for you and will recommend only those that provide quality service.
  2. Read Available Reviews – After receiving recommendations, search their online profiles. Read available reviews to learn how other non-family members have been helped by these particular attorneys. Use local San Diego resources such as community-based sites or your local Chamber of Commerce, and national resources such as Avvo.com, Justia.com, Yelp.com, FindLaw.com. You can also simply perform a Google search for the attorney’s name to learn more about that person and/or law firm.
  3. Industry Recommendations – Use available resources such as the San Diego County Bar or the State Bar of California to learn more about your potential attorney. Search online and call around with inquiries as well.  Again, sites like Avvo.com (a legal database of attorney) will help shed more light on your search.  Here’s an example of an attorney’s profile on Avvo.com
  4. Referral Requests from Trusted Parties – Use trusted professionals to seek out recommendations.  For example, if you have worked with an Accountant in the past, that Accountant or CPA is typically part of a group of professionals and just may know a great attorney to refer you to. It also gives you a great opportunity to follow up with your group of trusted professionals.
  5. Consultations – When seeking legal consultations, attorneys in San Diego often offer free consultations depending on your particular legal needs. Take advantage of those free consultations and request more than 1, especially if you really want to obtain a second opinion.  In attending at least 2 consultations, you just may find that 1 attorney fully understands you or is simply a better fit for you than the other.

These recommendations are based on an accumulation of feedback from clients over time. Most expressed that taking their time to find a quality attorney is more cost-effective in the long-run than simply electing the first search result using an online search engine. I hope this helps you locate the best real estate attorneys in San Diego.  Feel free to reach out to this office to request a consultation after reviewing our client feedback.

Your property is important. Be sure to take the time to locate the representation that’s right for you, your family and your posterity.

5 Great Ways to Find the Best Wills & Trusts Attorneys in San Diego

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When your San Diego-based family finds itself in need of a qualified estate planning attorney it can become a daunting task. There are so many attorneys out there advertising both offline and online claiming experience in wills, trusts and estate planning. So how do you find qualified and experienced wills, trusts, and estate planning attorneys in San Diego? Here are a few pointers to consider when you are searching for the best wills, trusts and estate planning attorneys in San Diego to take on your estate planning tasks.

  1. Request Recommendations from Your Friends and Family – start off by inquiring within your network. Ask your friends and family members for recommendations. You’ll learn about how others have used an estate planning attorney in the past and what to expect in involving an estate planning attorney.  Friends and family will look out for you and will recommend only those that provide quality service.
  2. Read Available Reviews – After receiving recommendations, search their online profiles. Read available reviews to learn how other non-family members have been helped by these particular attorneys. Use local San Diego resources such as community-based sites or your local Chamber of Commerce, and national resources such as Avvo.com, Justia.com, Yelp.com, FindLaw.com. You can also simply perform a Google search for the attorney’s name to learn more about that person and/or law firm.
  3. Industry Recommendations – Use available resources such as the San Diego County Bar or the State Bar of California to learn more about your potential attorney. Search online and call around with inquiries as well.  Again, sites like Avvo.com (a legal database of attorney) will help shed more light on your search.  Here’s an example of an attorney’s profile on Avvo.com
  4. Referral Requests from Trusted Parties – Use trusted professionals to seek out recommendations.  For example, if you have worked with a Realtor in the past, that Realtor is typically part of a group of professionals and just may know a great attorney to refer you to. It also gives you a great opportunity to follow up with your group of trusted professionals.
  5. Consultations – When seeking legal consultations, attorneys in San Diego often offer free consultations depending on your particular legal needs. Take advantage of those free consultations and request more than 1, especially if you really want to obtain a second opinion.  In attending at least 2 consultations, you just may find that 1 attorney fully understands you or is simply a better fit for you than the other.

These recommendations are based on an accumulation of feedback from clients over time. Most expressed that taking their time to find a quality attorney is more cost-effective in the long-run than simply electing the first search result using an online search engine. I hope this helps you locate the best wills, trusts and estate planning attorneys in San Diego.  Feel free to reach out to this office to request a consultation after reviewing our client feedback.

Your family legacy is important. Be sure to take the time to locate the representation that’s right for you, your family and your posterity.

5 Great Ways to Find the Best Business Attorneys in San Diego

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When your San Diego-based business faces legal matters, finding immediate legal representation can become a daunting task. There are so many attorneys out there advertising both offline and online claiming experience in business law or business disputes. So how do you find qualified and experienced business attorneys in San Diego? Here are a few pointers to consider when you are searching for the best business attorneys in San Diego to take on your legal matter.

  1. Request Recommendations from Your Friends and Family – start off by inquiring within your network. Ask your friends and family members for recommendations. You’ll learn about how others have used a business attorney in the past and what to expect in involving a business attorney.  Friends and family will look out for you and will recommend only those that provide quality service.
  2. Read Available Reviews – After receiving recommendations, search their online profiles. Read available reviews to learn how other non-family members have been helped by these particular attorneys. Use local San Diego resources such as community-based sites or your local Chamber of Commerce, and national resources such as Avvo.com, Justia.com, Yelp.com, FindLaw.com. You can also simply perform a Google search for the attorney’s name to learn more about that person and/or law firm.
  3. Industry Recommendations – Use available resources such as the San Diego County Bar or the State Bar of California to learn more about your potential attorney. Search online and call around with inquiries as well.  Again, sites like Avvo.com (a legal database of attorney) will help shed more light on your search.  Here’s an example of an attorney’s profile on Avvo.com
  4. Referral Requests from Trusted Parties – Use trusted professionals to seek out recommendations.  For example, if you have worked with a Realtor in the past, that Realtor is typically part of a group of professionals and just may know a great attorney to refer you to. It also gives you a great opportunity to follow up with your group of trusted professionals.
  5. Consultations – When seeking legal consultations, attorneys in San Diego often offer free consultations depending on your particular legal problem and need. Take advantage of those free consultations and request more than 1, especially if you really want to obtain a second opinion.  In attending at least 2 consultations, you just may find that 1 attorney fully understands you or is simply a better fit for you than the other.

These recommendations are based on an accumulation of feedback from clients over time. Most expressed that taking their time to find a quality attorney is more cost-effective in the long-run than simply electing the first search result using an online search engine. I hope this helps you locate the best business attorneys in San Diego.  Feel free to reach out to this office to request a consultation after reviewing our client feedback.

Your business is important. Be sure to take the time to locate the representation that’s right for you, your team and the business.

Yours, mine & ours = Family. But who raises the kids if somethings happens to us?

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The phrase “yours, mine and ours” usually refers to the bringing together of children from two different families and growing the family with additional children. Essentially the end result is a household with a number of kids from different relationships. Usual circumstances include those where each spouse has children from previous relationships or marriages and then the newly formed couple have more children.  With these types of family structures, there are usually 2, 3, 4 or even more adults considering themselves parents to a set of kids.

Here’s an example: Sarah (age 21) marries Sam (age 21). They have Sammy Jr. soon after marriage. Sarah remarries five years later to Dave who has a three year old (Davy Jr,) from a previous marriage, and Sam remarries five years later to Diana who go on to have their own kids. Dave and Sarah, now your next door neighbors, care for Sammy Jr. (now age 5), Davy Jr., and together they have their own child Savannah (age 1). In this example, if your neighbors Dave and Sarah jointly pass away in a car accident a year later, who cares for baby Sammy Jr. , baby Davy Jr., and baby Savannah? It’s not a riddle. It’s a common occurrence!

In this scenario, the answer depends on written agreements between Sarah, Dave, Sam and Diana. That is of course assuming there is some sort of agreement. If nothing is in writing, the State of California will default answers for you concerning the care of your children.  Now, let’s add a few variables to this potentially realistic hypothetical. What if Sam and Diana suffer severe marital problems? What if Dave’s parents are elderly with medical problems too strong to handle children in the household? What if all of them want financial and physical custody of the kids?

I think you’re getting the idea. Preparing guardian nominations through a Will or a Revocable Living Trust is important for Sarah, Dave, Sam and Diana. Everyone has to be on the same page to ensure the well-being of everyone’s kids. Through proper guardianship nominations as part of your estate planning, you could avoid these future uncertainties once you pass away.

Parents, more than anyone else should hold discussions about guardianship nomination and discuss document planning soon after having their children. However,  other persons may also be interested in having the parents leave their desired plans in writing. Parents’ siblings, the parents’ parents (the two sets of grandparents), the parents’ friends and sometimes even the parents’ neighbors should all have this conversation with the parents to make sure there is proper planning set.

As a reminder, in estate planning, nominations for guardianship are set. However, those nominated may or may not wind up being the best fit for the children. Without any nominations, the California system will determine the welfare and future of the kids.

If you’re a soon-to-be parent of if you are already parents, start your planning now, not later. If you’re in a situation where your  household kids are comprised of “yours, mine & ours,” you are greatly encouraged to start these discussions. Here are a few factors that affect the family planning:

  • who the natural parents are
  • whether any children are adopted legally by the new step parent
  • step parent situations
  • parents with credit problems
  • parents with criminal histories
  • many more variables affect the nomination planning
  • physical custody and financial custody of the kids
  • parties that may be interested in caring for your kids

Points to consider before and after registering a business name or domain name

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When a person or set persons start a new business venture, it is an exciting time when you just want to get to work already. I call this the “honeymoon stage” of business. Everyone is collaborating well, ideas are flowing smoothly and depending on your personality, you either start the work immediately because you are motivated and eager, or you take a step back to analyze and consider what needs to get done first.  It is all a happy period of time where you can’t wait to move forward and grow. No one likes to consider the bad stuff that may come about later such as legal problems. Be wise, be that person that does consider such issues to prevent them.

If you have not yet started your business, take a peek at the following recommended points to brainstorm and consider before and after choosing a business name and registering a domain name. If you have started your business and are already growing it, take a moment and review some points that still require your consideration.  These points usually stir up legal problems between businesses at some point in their life cycles if not considered properly.

1. Business Plan. Business plans are roadmaps for a successful business. It generally outlines the route a company needs to take to grow its revenues and profits. If you have time, develop a business plan – even if it is simple – so that you have a living document to refer to.  As you carry on your business, the plans may change, but that is somewhat expected. These are helpful to keep you grounded and focused on your goals. It also serves as a great tool to measure performance per quarter or year.

2. Business Entity.  Consider whether you are going to operate as a sole proprietor or a corporation/LLC. Each one of these options offers different liability shelters and tax benefits that are worth exploring.  Besides performing general online searches about these topics, you best help yourself by seeking a consultation with a business attorney to really help you understand how each option would fit you. Sole proprietorship, corporations, and limited liability companies (LLC’s) are used for different business needs. Analyze your immediate and long-term needs under each business type.  Business entity planning is of even greater importance when dealing with 2 or more business partners. More often then not, partnership issues develop – even with family-owned businesses – where improper planning and document preparation was not in place. Review Buy-Sell Agreements, Shareholder Agreements, and other similar options available to adequately establish your 2+ person business relationships.

3. Business Names. Business names are fun to develop. A business can be named just about whatever it is you want and can be as creative or simple as you desire. However, note that you do not find two companies called “Coca-Cola” or “Pepsi Cola” for a reason. Trademark protections, copyright protections, domain name protections, and state laws exist to limit what you can name our business. As a basic example, if you want to be the next big App developer, you know your space is in the computer and information technology field. You won’t want to use a business name and slogan that is already in commercial use in that same technology field because if you do, it will be a matter of a trademark infringement lawsuit coming your way. Therefore, when doing something as simple as selecting a business name, be sure to perform your due diligence and determine whether anyone else is using that same name at a City, County, State, and Federal level.  Also determine whether they’re using the exact or similar name in your industry.

4. Domain Name Registrations. Before registering for a domain name, perform your due diligence in this step as well by looking for other domains and businesses (both domestically and internationally) already registered. Under business laws, trademark laws, and copyright laws, certain domain names may infringe on an existing business’s rights the minute the domain name becomes registered.  Avoid a trademark infringement claim when choosing a domain name. As a simplified explanation of the standard, if the new domain name causes confusion to the public between the new domain and an existing domain, it is likely an infringing domain. To avoid infringement issues, search the United States Patent & Trademark Office’s website for registered marks, potentially conflicting marks and marks which can cause general confusion.

5. Online Presence. Nowadays, a website acts like an interactive business card. A business website permits the business owner to share information about the business with the world. However, a business owner ought to be cautious with what they publish online and how. To continue with our previous example, if you are the next big App developer developing a gaming app to be marketed towards the public of ages 13+, be aware that there are state and federal laws that require businesses to disclose certain information. For example, a majority of the websites online (especially those for commercial purposes) publish a Privacy Policy, Terms of Service and Statement of Use. Each one is carefully drafted to include the necessary disclosures required of their industry. If you operate a business website and have reason to believe it is used and viewed by minors, you should know about certain regulations applicable to this group such as COPPA, or the Children’s Online Privacy Protection Act. There are a great number of other online regulations that exist. Your use and requirements to address these regulations all depend upon your industry, target market, business practices, state of business formation, and other variables.  Lack of knowledge about these regulations is not an excuse.

6. Online Agreements. Do you know the difference between “browser wrap” and “click wrap?” These are two ways in which an online website visitor agrees to an agreement on your website.

7. Monitoring and Enforcement. Once you register your business name and/or trademark name you then have to monitor for infringement. Unless you enforce your rights to your business name and domain, you may wind up diluting the value of your business and losing your rights.

The above summarizes some points to review before and after moving forward with a new business. However, there are many other points to consider both during and after these stages. A lot of points are purely based on the type of business you plan. Business attorneys experienced in helping sole proprietors and business partners in different industries can be beneficial to you. Consider a consultation for representation with these initial matters. Business attorneys can also help you in the long run with various business transactions. See more and request a consultation.

 

Wills for Heroes San Diego Saturday, January 30, 2016

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If you know a firefighter or police officer in your life, let him/her know about Wills For Heroes program.  San Diego has its own division, but it is a nation-wide organization.

Here is a bit more about the organization:

“Anthony Hayes, a partner at Nelson Mullins Riley and Scarborough, LLP, in Columbia, South Carolina, started the Wills for Heroes program shortly after the September 11, 2001, terrorist attacks. Anthony emailed the Columbia Fire Department asking what lawyers could do to help that department. During an impromptu focus group, it became clear that there was a glaring need for estate planning services.

Since then, Wills for Heroes programs in ten states have provided more than 7,000 free estate planning documents for first responders. Because of the tremendous success of these programs, attorneys and bar associations across the United States started requesting assistance with implementing Wills for Heroes programs in their communities. In response, Jeff Jacobson and Anthony Hayes created the Wills for Heroes Foundation to oversee the nationwide expansion of these programs and connect volunteer attorneys with local first responders.” Wills for Heroes & San Diego division

San Diego Event

San Diego is hosting an event on Saturday, January 30, 2016 at the San Diego County Bar Association located at 401 W A St #1100, San Diego, CA 92101. Read more & sign up. I’ll see our first responders there!

Mediation and/or arbitration clauses in your contracts. Understand how each option works before signing your next contract.

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When you enter into a contract you will often see that the initial terms are the most important ones describing the goods or services, prices, quantities and other matters that two parties have negotiated.  These are the material terms that contain the purpose of the contract. As you move towards the end of the contract, you will find miscellaneous boilerplate terms that a lot of people tend to glance over for a split second before signing the agreement. Miscellaneous terms tend to include provisions such as:

  • Jurisdiction. This paragraph describes which state laws will be used to interpret the terms of the contract.
  • Severability. This paragraph states that if any provision is determined invalid, the rest of the contract’s terms will be enforceable.
  • Assurances. This paragraph states that one party or the parties will take necessary actions necessary to carry out the terms of the contract.
  • Attorney’s Fees. This paragraph describes how and whether any attorney’s fees will be enforced if attorney’s are required in enforcing the terms of the contract.

The above are only a few examples and basic descriptions of the miscellaneous types of terms within a standard agreement. There are many others that should be reviewed thoroughly to understand the entirety of the transaction.

Well-written contracts also include a paragraph describing how any future disagreements related to the contract will be resolved. This paragraph is usually titled after your options – Mediation, Arbitration and/or Dispute Resolution. Understand that by signing the agreement, you are binding yourself to these resolution options in the event there is a problem in enforcing the contract in the future regardless of whether the enforcing party or not. It is a very important paragraph to review which will affect your future and should not be taken lightly.

  • Mediation is typically a 1 day negotiation facilitated by a neutral third party, usually a retired judge, with the goal of resolving the matter jointly between the parties.
  • Arbitration is a longer process similar to a lawsuit in court, except that it is managed outside of court using 1 arbitrator or a panel to make a decision. The process involves presenting evidence, arguments, calling witnesses and questioning by the parties, and so forth.

Both options are made available as more time- and cost efficient solutions towards resolving legal problems related to a contract rather than going to court for resolution.  The above descriptions are extremely basic and should be explored carefully. Well-written dispute resolution paragraphs describe in detail how the process will work.  Seek legal advice to interpret the paragraph if it is written in legal jargon.

BEFORE you sign an agreement, we recommend taking your contract to an attorney to discuss whether a dispute resolution option is best over the other option, Of course, this all depends on a few variables:

  • the type of transaction
  • the relationship between the parties
  • whether mediation is a practical option between the parties
  • your available funds towards resolving problems should they arise
  • whether you have a true option in negotiating the terms or simply have to adhere to the terms as written

KNOW that mediation, arbitration, and other alternative dispute resolution options apply to a wide variety of contracts. These include:

  • cable bill
  • internet bill
  • new car purchase and lease
  • mortgages
  • employer/employee contracts
  • furniture purchase contracts
  • car service agreements
  • rental car contracts

Practically, all well-drafted and complete contracts include this type of provision. If your contract does not include such provision, seek legal advice before signing the contract.

Spring weddings are coming up. Add this to your wedding prep plans.

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While parts of the County like Mission Valley, La Jolla, Fashion Valley, Ocean Beach and Sorrento Valley are currently  experiencing flooding issues this season with the recent El Nino related storms, some residents are thinking positively and are looking forward to a brighter upcoming Spring wedding season.

Weddings in general are surrounded by happy thoughts for the bride, the groom and their families. Most brides and grooms go through the motions of attending wedding expos and food samplings in preparation for their big day. These are all fun activities. But there are two activities that tends to get left out, probably for being considered less enjoyable: premarital legal planning and financial planning prior to marriage.  What is premarital legal planning? This can include the following:

For example, I once worked with a couple who were both previously married. The bride-to-be had a child from her previous marriage and the groom-to-be had an inheritance from his parents. Both wanted to know how their upcoming marriage was going to affect the bride’s son and the groom’s inheritance. Fortunately, they came for legal help before marriage thereby allowing them some important options. It was a bit of a rushed process since their wedding date was about 4 weeks out, however, timely assistance was possible.  Premarital legal planning is important.

If you’re getting married in 2016, we recommend that you speak with an attorney if you have any questions about your finances, family planning or property ownership planning. Marriage may or may not affect your situation. A consultation will help you determine your options.