Protect What You Own. Build Something That Lasts.

What is the main advantage of a revocable living trust?

Assets properly held in a revocable living trust avoid probate. Probate is a court-supervised process that can be costly, take many months or even years, and delay distribution of property to beneficiaries.

With a revocable living trust, you remain in control of the trust during your lifetime, can change or revoke it, and can name someone to manage the trust property if you become unable to do so. The trust also lets you establish how and when the remaining assets will pass to your beneficiaries after your death.

What does it mean to “fund” a trust?

Creating the trust is only part of the process. Funding means placing appropriate assets into the trust, such as transferring title to real property or retitling certain financial accounts. Assets that are not properly connected to the trust may not receive the probate-avoidance benefits the trust was intended to provide.

The Firm’s standard estate plan includes general funding guidance and preparation and recording of one qualifying California deed into the trust.

If I have a living trust, do I still need a will?

Yes. A complete trust-based estate plan ordinarily includes a pour-over will as a backstop for assets that remain outside the trust. A will can also nominate guardians for minor children. Unlike assets already held in the trust, assets passing under a will may still require probate depending on the circumstances.

Does a revocable living trust protect my assets from creditors?

No. A standard revocable living trust is primarily an estate-planning and probate-avoidance tool, not an asset-protection trust. Because you retain control over assets in your revocable trust, those assets remain subject to your creditors during your lifetime.

More advanced estate planning may involve strategies such as irrevocable trusts, asset-protection planning, estate and gift-tax planning, special-needs planning, Medi-Cal or long-term-care planning, and business-succession planning. Those matters involve different legal considerations and are outside the Firm’s standard revocable living trust package.

Why does an LLC need an operating agreement?

The Articles of Organization create the LLC, but the operating agreement governs how the company operates internally. It addresses matters such as ownership, management, decision-making, and the rights and responsibilities of the members.

California requires LLC members to have an operating agreement, although it is maintained with the company rather than filed with the Secretary of State.

What is an S corporation?

An S corporation is a federal tax classification, not a separate type of California business entity. A qualifying corporation—and in some circumstances an LLC—may elect S-corporation tax treatment.

General considerations relating to S-corporation taxation and whether an election may be worth exploring can be discussed as part of the formation consultation. The Firm does not provide individualized tax advice or prepare or file the S-corporation election as part of the standard formation package. Tax planning and the tax consequences of an S election should be discussed with a qualified tax professional.

Does forming a corporation mean the founders have been issued stock?

No. Filing the Articles of Incorporation creates the corporation and authorizes it to issue shares, but it does not itself issue stock to the founders.

Stock issuance is a separate step that can involve corporate approvals, issuance documents, and federal and state securities-law considerations. Stock issuance and securities-law work are not included in the Firm’s standard corporation-formation package.

What is a DBA, and is it the same as forming an LLC or corporation?

A DBA, or “doing business as” name, is a name a person or business uses other than its legal name. In California, it is generally registered as a Fictitious Business Name with the county where the principal place of business is located.

A DBA does not create a separate legal entity or provide the liability protection of an LLC or corporation. An existing LLC or corporation may also use a DBA when it wants to operate under a name different from its legal entity name.

Fictitious Business Name filings are not included in the Firm’s standard formation packages unless separately agreed.

What is a registered agent, and do I need one?

California LLCs and corporations must designate an agent for service of process. The agent is the person or registered corporate agent designated to receive legal papers on behalf of the business if it is sued.

A business owner or other qualifying individual may serve as the agent, or the business may hire a registered-agent service. An individual agent’s name and street address become part of the public record.

Registered-agent services are not included in the Firm’s standard formation packages.

Does registering an LLC or corporation protect my business name as a trademark?

No. California entity-name availability and trademark rights are different issues. Approval of an LLC or corporation name by the California Secretary of State does not establish that the name is available for use as a trademark or that another business does not have superior trademark rights.

Trademark clearance and federal trademark registration are separate services.

Can a licensed professional form a California LLC?

Often, no. California imposes profession-specific rules on businesses that provide licensed professional services, and many licensed professionals cannot simply practice through an ordinary LLC.

Depending on the profession, the available structure may instead be a professional corporation, partnership, or limited liability partnership. Examples include law corporations and law-firm LLPs, medical corporations and physician partnerships, dental corporations, psychological corporations, physical therapy corporations, and certain professional LLPs for accountants, architects, engineers, and land surveyors.

The ownership, licensing, naming, registration, and governance requirements vary by profession, so the appropriate structure should be evaluated based on the particular practice.

Professional entity formation is not included in the Firm’s standard LLC or corporation flat-fee packages and would require separate evaluation and engagement.

What do I have to do after my LLC or corporation is formed?

Formation is the beginning of the entity’s ongoing obligations. Depending on the entity and business, those may include California Statements of Information, tax filings and payments, licenses or permits, maintaining a registered agent, proper business records, and appropriate separation between personal and business finances.

The Firm provides a post-formation handoff identifying common next steps, but ongoing compliance and tax work are not included in the standard formation package.

Can I apply for a trademark before I start using it?

Yes. A federal trademark application can be filed on an intent-to-use basis when you have a genuine intention to use the mark in commerce but have not yet begun doing so.

An intent-to-use application requires additional steps before registration. The Firm’s standard application package extends through issuance of the Notice of Allowance; later Statements of Use and extension requests are separate services.

Is trademark priority based on who uses the mark first or who files first?

In the United States, trademark rights are generally based on use. A business can acquire rights by using a mark in connection with its goods or services, and an earlier user may have priority over someone who begins using a conflicting mark later.

Filing first can nevertheless be important. If an application ultimately results in registration on the Principal Register, the filing date can establish nationwide priority as of that date, subject to certain earlier use, filing, and priority rights. This applies to intent-to-use applications as well, allowing a business to secure an earlier priority date before it begins using the mark, provided the application ultimately proceeds to registration.

If I can acquire trademark rights through use, why should I federally register the mark?

Trademark rights acquired solely through use may be limited to the geographic areas in which the mark has established rights and can be more difficult to prove and enforce.

Federal registration on the Principal Register provides significant additional protection and legal advantages. Among other benefits, it places the mark in the USPTO’s public database, provides a legal presumption of ownership and of the exclusive right to use the registered mark nationwide for the listed goods or services, permits use of the ® symbol, and provides additional tools for enforcing the mark. Those nationwide rights remain subject to certain preexisting rights, including rights that may have been acquired through earlier use.

Registration also gives public notice of the owner’s claim to the mark and makes those rights visible to others searching the federal trademark database before adopting or applying to register a potentially conflicting mark.

Why search for conflicting trademarks before filing?

The USPTO does not approve a mark simply because no one has registered the identical words. A conflicting mark may be similar rather than identical, and trademark rights can also arise through use without federal registration.

The Firm’s standard trademark package therefore includes both a search of federal trademark records and a reasonable search for relevant common-law uses before the application is filed.

What is a trademark class?

The USPTO organizes goods and services into different International Classes. A single trademark application can cover more than one class when the mark is used, or genuinely intended to be used, for different categories of goods or services.

You do not need to determine the correct class yourself. The Firm identifies the appropriate classification based on the goods and services you describe.

What happens if the USPTO issues an Office Action?

An Office Action is a notice from the USPTO identifying an issue that must be addressed before the application can proceed. The issue may range from a relatively technical requirement to a substantive refusal of registration.

Responses to Office Actions are not included in the standard application package. If one is issued, the Firm will advise you of the notice and applicable deadline and can discuss whether separate representation is appropriate.

How are fees structured?

Many of the Firm’s standardized services are offered for a fixed flat fee. Matters that can vary substantially in complexity are listed with a starting price or are quoted after the scope of work is evaluated.

The applicable fee and included services are defined before work begins.

What if my matter is more complicated than the standard service?

The listed fees and starting prices assume matters within the described scope. If your circumstances require additional planning, customized documents, unusual factual investigation, extensive agency responses, negotiation, or other work outside that scope, the Firm will identify that and discuss the additional work and fee before undertaking it.

Are government filing or recording fees included?

Ordinary filing or recording fees specifically identified as included in a standard package are covered by the listed fee. Other government, agency, recording, expedited, or third-party charges are separate unless expressly stated otherwise.

Do you provide tax advice?

The Firm may discuss general tax considerations that relate to the legal structure or planning being considered, but individualized tax advice and tax elections should be addressed with a qualified tax professional.

Can we work together remotely?

Yes. Most matters can be handled largely by phone, email, and video conference. Some estate-planning documents require particular signing, witnessing, or notarization formalities, which the Firm will explain when applicable.

What is the free 15-minute introductory call?

The introductory call is an opportunity to briefly discuss what you need, determine whether the matter fits the Firm’s services, and identify the appropriate next step.

It is not intended to substitute for a substantive legal consultation or document review.

Can I hire the Firm for something that is not listed on the website?

Possibly. Gliksberg Law focuses on the services described on this website, but related legal work may be available by separate engagement depending on the nature of the matter.