Frequently Asked Questions

Estate Planning

  • Estate planning is the process of working with an experienced attorney to create a comprehensive plan both for emergencies while you are living and the distribution of everything you own after you die. It involves the management and distribution of your assets and liabilities after your passing. It includes creating wills, trusts, and other essential documents to protect your loved ones and ensure your wishes are carried out.

  • Estate planning is essential for most people for several reasons. It allows you to determine who will inherit your assets, designate guardians for minor children, minimize estate taxes, and establish healthcare directives. It gives you control over the distribution of your wealth and can help prevent family disputes and potential probate complications.

  • The answer might surprise you, but yes, estate planning is not solely for the wealthy. Even if you don't have substantial assets, estate planning ensures that your wishes are carried out, your loved ones are protected, and your healthcare decisions are respected. It's about peace of mind and safeguarding your family's future.

  • An estate plan usually includes a will, trust(s), power of attorney for finances and healthcare, a living will, and beneficiary designations.

  • Yes, you can make changes to your estate plan at any time. Life is unpredictable, and circumstances may change, requiring adjustments to your plan. Your estate plan should always reflect your life circumstances. This is why it's important to have an experienced estate planning attorney as your lifelong advisor, helping you make the necessary revisions and ensure your plan remains legally binding.

  • It is advisable to review and update your estate plan every few years or when significant life events occur, such as a marriage, divorce, birth, or death in the family. Regularly revisiting your estate plan ensures that it remains up to date and aligned with your current wishes and circumstances.

  • If you pass away without an estate plan, state laws will determine the distribution of your assets. This can lead to unintended consequences, delays, and greater expenses. It's crucial to establish an estate plan to ensure your assets are distributed according to your wishes and to ease the burden on your loved ones.

  • An executor is responsible for managing the distribution of assets, paying debts, and handling the legal process after your passing. A trustee manages and distributes assets held in a trust. A power of attorney is an individual appointed to make financial or healthcare decisions on your behalf if you become incapacitated. These roles are critical in ensuring a smooth estate administration and the fulfillment of your wishes.

  • Absolutely! Consulting an experienced estate planning attorney is highly recommended. Estate planning involves intricate legal matters and specialized knowledge. Law Office of Sharyna Scott, will guide you through the process, help you understand your options, and ensure that your estate plan complies with the law and aligns with your goals.

Business

  • Starting a business involves several legal steps to ensure compliance with the law. The first step is to choose the right legal structure for your business, such as a sole proprietorship, partnership, limited liability company (LLC), or corporation. You'll then need to register your business with the appropriate government agencies, obtain any required licenses or permits, and comply with tax obligations. If you want a specific name for your business, you should make sure it is available and take the legal steps to protect it.

  • To protect your business name and logo, you should consider trademark registration. This process ensures that your brand is exclusively associated with your business and prevents others from using similar names or logos. Consulting with a trademark attorney can help you navigate this process effectively.

  • Depending on what type of business you plan to have, it's important to have various contracts in place to protect your interests. These may include contracts with suppliers, customers, and employees. Additionally, consider having confidentiality agreements, non-compete agreements, and partnership agreements if applicable to your business. You should consult with a business attorney to draft and review these contracts to ensure they meet legal standards.

  • Tax obligations for a business can vary depending on its legal structure and the city it is headquartered in. Generally, businesses are required to register for an Employer Identification Number (EIN) with the IRS, pay income taxes, and remit payroll taxes if they have employees. We highly recommend working with an accountant or tax professional who can guide you through the specific tax obligations that apply to your business.

  • Business insurance is highly recommended to protect your business from unexpected events or liabilities. Depending on the nature of your business, you may need different types of insurance coverage, such as general liability insurance, professional liability insurance, and workers' compensation insurance. You should consult with an insurance provider to determine the appropriate coverage for your specific business needs.

  • When legal disputes arise in your business, it's important to try to resolve them amicably and efficiently. This may involve negotiation, mediation, or arbitration. If necessary, you can pursue litigation to resolve the dispute through the court system. It is advisable to seek the assistance of a business attorney who can provide guidance and representation in resolving legal disputes effectively.

Trademark

  • A trademark is a symbol, word, or phrase that distinguishes your goods or services from others in the marketplace. It's important because it helps build brand recognition, protects your business identity, and prevents others from using similar marks that could confuse consumers.

  • Trademark protection can last indefinitely as long as you continue to use and renew your mark. In the United States, trademark registrations can be renewed every 10 years. Regularly monitoring and enforcing your trademark rights is essential to maintaining protection.

  • To be eligible for trademark protection, your mark must be unique, distinctive, and used in commerce. It should not be descriptive or generic. Conducting a comprehensive trademark search and consulting with a trademark attorney can help determine the strength and eligibility of your mark.

  • Yes, you can trademark both your business name and logo together if they meet the requirements for trademark protection. Registering both provides comprehensive protection for your brand identity. You should consult with a trademark attorney who can help you navigate the registration process effectively.

  • The ™ symbol is used to indicate common law rights to a mark. It can be used before registering a trademark or in situations where the mark is not yet registered. The ® symbol, on the other hand, is used to indicate a federally registered trademark. It can only be used after a mark has been approved and registered.

  • If someone infringes on your trademark, it's crucial to take prompt action. Contacting an intellectual property attorney is recommended, as they can guide you through the enforcement process, including sending cease and desist letters, negotiating settlements, or filing a trademark infringement lawsuit if necessary.