Legal Health Checklist

Use our legal health checklist to see if you have everything you need to be legally protected.

When you turn 18 you need:

  • A Will to determine how your assets will be distributed.
  • A Financial Power of Attorney appoints someone to make your financial decisions if you become unable.
  • A Living Will & Health Care Directive to make advance decisions regarding your healthcare and last wishes.
  • Insurance Policies to cover assets and liabilities.

When you trade a vehicle or other expensive goods you need:

  • A Bill of Sale to detail the terms of sale for an item.
  • A Purchase Order as evidence of the terms to purchase goods in case a disagreement occurs.

When you move into a new home you need:

  • Purchase Agreements and Deeds as evidence of the terms of a purchase and details of the rights to a property in case of disagreements or future transfers.
  • Rental/Lease Agreements to dictate warranties, protections and responsibilities.

When you are married you need:

  • A Marriage Agreement to formalize expectations of a new or existing marriage.
  • Property Assignments to describe what is joint and individually owned property.

When you have children you need:

  • A Trust funded with savings or life insurance to make sure you family is provided for.
  • A Parenting/Custody Agreement to make sure you don’t fight over the kids.

When you have a business you need:

  • Ownership/Operating Agreements to dictate how the business will be owned and operated.
  • Employment Agreements to formalize the terms and expectations of a working relationship.
  • Copyrights, Patents, & Trademarks to protect your intellectual property.
  • Buy-Sell Agreements to ensure the business is transferred properly.

When accidents occur you need:

  • A Retainer Agreement so you have an attorney ready to advise you on the best course ahead.

If you need any assistance with a legal matter please contact Tarris Law now.

Disclaimer

11 Legal Steps for Starting a New Business in Virginia

Starting a New Virginia Business

You must complete several legal steps to start a new Virginia business. You must file with several types of bureaucracies at all levels of government. Additionally, it is best practice to get many of your agreements in writing and reviewed by an attorney to protect your person and your business.

1.) Reserve the Business Name

Choosing a name for your business to give it an identity is an important first step. You may reserve a name with the state and any individual using a name other than their own needs to obtain a fictitious name certificate locally where they have a place of business.

2.) Prepare and File Articles of Organization or Incorporation.

Corporations and LLCs must file articles of existence with the State Corporation Commission, where they identify the legal name of their business, type of entity, the address of the principal place of the business, & who the registered agent will be.

3.) File for an Employment Identification Number (EIN) with the IRS

This number is the identification number of your business for tax purposes and is often required by financial institutions.

4.) If there are multiple owners, have an Owner’s Agreement prepared by an attorney.

Owner’s Agreements (Partnership Agreements, Operating Agreements, Shareholder Agreements, Founders Agreements) are critical to businesses that are owned or managed by more than one person. They specify who owns what and who can make which decisions, what each person will contribute, why the company exists, how decisions and distributions are made, how debts are paid, how the company will be managed, what the rules and enforcement procedures are regarding disagreements, how an individual may transfer ownership or his share in the company, and how the company may be terminated or passed on to others, and any other wish of the owners.

5.) Have your Commercial Lease or Real Estate Purchase Agreement prepared and reviewed by an attorney.

It is so important for your new business to get the location right. Have an attorney draft and review your agreements to ensure the space has everything you need, that it is too your liking, and that you are protected should an accident occur.

6.) Once you are located, get a Business License with your locality and prepare for tax filings.

You will need to get a business license in the city or county where you are serving the public. Also, you will need to prepare to file your monthly and quarterly taxes.

7.) Consult with an attorney about negotiating your Purchase Orders, if you have inventory.

Contracts with suppliers, distributors, and other vendors are more negotiable than those at a retail store. That is why it is a good idea to have an experienced attorney assist in negotiating better terms for your purchase orders so your business can obtain a better deal. An experienced attorney is knowledgeable about various contract clauses that help a business secure more inventory, receive it at shorter intervals and lower quantities, and at lower prices. Additionally, clauses can be added that shift liability for accidents on to the other party.

8.) Have an attorney draft your Employment Agreements.

When done right, these agreements incentivize employees to do good work and also protect the parties from harmful behaviors. Employment and independent contractor agreements set the terms and rights of a healthy working arrangement, while non-compete and non-disclosure agreements provide competitive protection to the business.

9.) Have an attorney draft a Licensing Agreement, if you will be providing rights to a product, service, or idea.

Licensing agreements are used to set out the details of the rights and restrictions regarding a product or service. What is allowed and prohibited can often be confused and thus there is considerable value in putting the terms to writing should a disagreement occur.

10.) Have an attorney draft Indemnity Agreements to protect the business from liability, if you will be conducting a dangerous or risky activity.

Many services, products, & duties exist that create a liability to a business. Horseback riding, hazardous materials, and heavy lifting all create a potential liability. It is important that customers and employees know that they are responsible for engaging in risky behavior and that the business will not be responsible.

11.) Have an attorney review your Promotions, Offers, & Customer Agreements.

From time to time various businesses have offered a legally binding promotion or offer to customers that create an unintended effect that severely harms the business. Reviewing these offers ahead of time can save a lot of money down the road. New businesses should also examine contracts with customers, often a receipt, to properly list all terms and conditions.

BONUS: Insurance Policies

Insurance is one of the best ways to protect yourself from liability because they will reimburse your loss. You should have both personal and business umbrella liability policies. Life and disability policies to protect you and your family, the business and key employees. Also, an adequate business property policy is needed to protect the business in the event of an accident or loss.

 

10 Parts of a Complete Estate Plan

Creating a Complete Estate Plan

Creating a comprehensive estate plan is a long and tedious task. You have to document all your assets and accounts, decide who the beneficiaries are and who will have control, all while looking for tax saving strategies. The list below should clarify many of the legal parts and briefly explain what each document or designation does.

1.) Last Will & Testament

A will is the most basic legal document for estate planning. Without a last will, the court can decide how your assets get distributed and who gets custody of minor children. Wills allow you to specify which possessions go to whom and designate care instructions for minor children, as well as make funeral arrangements in advance. Wills are often accompanied by a living will to cover disabilities, testamentary trusts and life insurance to protect minors and other loved ones, and a living trust to avoid publicity and probate taxes.

2.) Living Will

A living will is the most important legal document to have during your lifetime and in your estate plan. It allows you to describe the type of care you want should you become critically ill, and what you want in end-of-life care. Once completed, you should give a copy to your lawyer, doctor, hospital, power of attorney, and others close to you so it is available when needed instead of tucked in a safe.

3.) Living Trust (Inter Vivos Trust)

Living trusts are used to keep estate distribution a private matter, while also avoiding court, and probate taxes. They can be combined with a Financial Power of Attorney to assign a decision maker upon incapacitation, and with a “pour-over” will, to transfer assets not included in the trust and assign guardianships. They are also revocable should your situation change your estate plan can change with it.

4.) Durable Power of Attorney for Health Care and Finances

Financial Power of Attorney – A legal document that authorizes a person of your choosing to make your legal and financial decisions if you become disabled or incapacitated. You may also specify requirements for the position such as providing statements to a lawyer or accountant or having taxes done independently. Without such a designation, you could be put under guardianship should something happen to you.

Healthcare Power of Attorney – A legal document that authorizes a person of your choosing to make your healthcare decisions if you become disabled or incapacitated. This assignment is usually done in conjunction with a Living Will, which allows you to make specific healthcare decisions in advance. Without such a designation, you could be put under guardianship should something happen to you.

5.) Guardianship Designation

This legal designation allows you to decide who will care for your minor children (or pets) called a “guardian of the person” and who will care for their finances, called a “guardian of the estate.” The designation can also be used to leave specific directions for the care of the person or estate.

6.) Testamentary Trust

A testamentary trust is often used to protect assets for minor children and heirs and is one of the most important aspects of a complete estate plan. This allows you to designate how your heirs will receive their inheritance. Often life insurance is used as a funding mechanism for these trusts.

7.) Insurance & Retirement Accounts

Term life insurance is the mechanism most used by testamentary trusts to ensure a child’s care is properly funded.

Whole life policies are an excellent way to create or add to a legacy fund.

Disability insurance is an under-utilized tool to protect your income and lifestyle should you become disabled before retirement.

Long-term care insurance (LTC) provides funding for nursing and home care costs.

Umbrella policies protect assets from personal liability.

Irrevocable life insurance trusts are vehicles used to shield large policies from taxes.

Retirement Accounts such as a 401(k), 403(b), Traditional and Roth IRAs are used to save and fund retirement and to reduce tax liability.

Health Savings Accounts (HSAs) are used to save and pay for health care and to reduce tax liability.

Education saving accounts (ESAs) such as Coverdell or 529 plans are used to save for higher education expenses and to reduce tax liability.

8.) Partnership Agreements

Cohabitation Agreements specify how assets are to be used during the cohabitation and how they will be divided after.

Parenting Agreements specify the care and custody of a minor child.

Marriage Agreements outline assets, custody, and support expectations prior to, during, and after a marriage.

Family Limited Partnerships are legal entities used to transfer ownership of a family business to heirs outside of probate and/or avoid creditors while allowing for the retained control of management decisions.

LLCs with an Operating Agreement are used to help make decisions and define interests and roles among heirs/owners/siblings, regarding jointly owned property, such as houses or farms. This entity also makes co-owned property less appealing to individual creditors and protects personal property from creditors of the LLC.

9.) Ownership & Beneficiary Designations

As a part of your estate plan, you should always designate beneficiaries to your accounts as this will allow those accounts to pass by probate. Joint ownership of various is also used to avoid probate and taxes. Copies of these designations should be kept in a safe place, with your lawyer, and trusted family and/or friends. This form should also include locations of any valuables and keys, a list of accounts, assets, policies, deeds, debts, and advisors, etc. It is the foundation of your estate plan.

10.) Charitable Giving

Charitable Trusts are used to donate your assets to a cause you care about while avoiding taxes.

Private Foundations are a way to control how your charitable offerings are being used while keeping the funds out of your taxable estate.

Donor-Advised Funds allow your to set up an investment fund for the benefit of a charity. These often have better tax deductions than private foundations.

Conclusion

A comprehensive estate plan should include

  • A last will & testament including guardian and executor designations, funeral instructions, and a testamentary trust with a funding mechanism such as life insurance for after death protection
  • A living will & living trust including powers of attorney plus disability insurance & LTC, and retirement/saving account(s) for in life protection.
  • Partnership Agreements and umbrella/liability policies for your securing your business and personal dealings with others.
  • Charitable Trusts, Private Foundations, or Donor-Advised Funds to aid interests that you care about.

If you have any questions about the foregoing list or would like to set up your own personalized estate plan please contact Tarris Law.