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Welcome to the Heieck Law Center
Welcome to Heieck Law Center, a San Diego premier law firm providing estate planning and family trust, California franchise preparation, family law, and real estate attorney services. Our boutique general practice law firm believes that the attorney you hire should be the attorney handling your case from start to finish. Our legal representation starts with forging personal relationships with our clients, unlike large, impersonal law firms, we won’t pass your case onto an associate lawyer you have never met and whom you did not hire.
For over ten years, managing attorney Carrie Heieck has litigated cases involving real estate, probate, trust, divorce, child custody, child support, spousal support, domestic violence, and franchising disputes. Litigating legal issues in the courtroom gives our firm unique insight into avoiding real life legal issues and problems before they arise.
The Heieck Law Center is a full-service law firm located in San Diego County in the beautiful town of Carlsbad practicing in the areas of:
- Estate Planning
- Franchising and Licensing
- Real Estate
- Business Law
- Civil Litigation
- Probate Litigation
- Family Law
Learn More About Our Areas of Practice
Many clients ask us, “What is estate planning?” This is a great question. Your “estate” consists of all of your assets, including real estate and personal property, less liabilities. Estate planning is a way, while you are still alive, to anticipate and arrange for the disposal of your estate at your passing with the goal of eliminating uncertainties over the disposal of your assets and to maximize the value of your estate by reducing taxes and other expenses. An estate plan usually includes a living trust, a pour over will, a durable power of attorney, and an advance health care directive. However, every client’s situation is different so in truth, there is no such thing as a typical or standard estate plan. For instance, if the client has minor children, they probably want to nominate a guardian for that child as part of their estate plan. Depending on the assets of the client, a simple will may be preferable to a trust. To avoid estate taxes, clients with a higher net worth will probably want some type of irrevocable trust or combination of trusts for the most tax savings.
Our law firm prepares many types of specialized trusts to meet your unique needs such as dynasty trusts, special needs trusts (SNT’s), life insurance trusts, qualified personal residence trusts (QPRT’s), qualified income trusts (QIT’s), and qualified terminable interest property trusts (QTIP’s), just to name a few. The options are many but we are here to take the time with you to carefully plan your legacy. Life can be complicated, which is why it is important to have a skilled and experienced estate planning practitioner to help you devise a plan that meets the needs and complexities of your unique situation. The beauty of a trust is that it is a separate legal entity that holds and manages your assets. Although people die, trusts don’t and a trust’s ability to “survive” your death means your assets can avoid probate altogether so long as your trust is properly funded.
California has some of the toughest franchise registration and business opportunity laws in the country. Before a business can offer a franchise for sale in California, it must register its Franchise Disclosure Document (FDD) with the California Department of Business Oversight. The FDD must comply with Federal Trade Commission (FTC) regulations (federal law) and also with California Franchise Investment Law. Prospective franchisees must have an operations manual, a brochure and advertising samples, extremely detailed information and disclosures relating to all aspects of the franchised business from operations to sales and marketing to business plans, equipment and leased space requirements, intellectual property information, audited financial statements, and the list goes on. The legal costs involved in creating an FDD, which is often several hundred pages including exhibits, is cost prohibitive to many start up and early growth stage businesses looking to franchise as a vehicle to expand their successful business model. Large law firms regularly charge $100,000 or more when all is said and done to prepare an FDD and successfully register it in California. This leaves little leftover to actually market the business and does not include the annual registration renewals, which require necessary updates to the FDD. Our California franchise attorney can help you successfully navigate the complex but rewarding area of franchising for a reasonable fee. We have successfully handled franchise registrations and renewals for our clients to franchise in California and in numerous other states. We can also help your business qualify for special exemptions from franchise registration altogether. The value and quality of our franchise services is unsurpassed. We invite you to meet with us to explore your options as we love helping our clients grow and succeed.
Of course, we also help prospective franchisees with reviewing FDD’s and with negotiating franchise agreements. With thousands of franchising options available for entrepreneurs looking to purchase a franchise, having experienced franchise counsel to assist in the process is invaluable. Not all franchisors are created equally. Initial franchise fees and royalties wildly vary. It is important to understand what you are getting in return for your franchise fee and royalty payments. How much support and services does the franchisor provide? What is your recourse if the franchisor breaches its end of the franchise agreement? How secure is your protected territory? These are just some of the questions you will need answers to when completing your due diligence in selecting a franchised business and negotiating your franchise agreement. Unless your counsel is familiar with the customs and practices in the franchise industry in addition to franchise laws, you will be at a disadvantage in your negotiations with a franchisor. Our San Diego franchise lawyer can help you secure a franchise agreement that protects your interests and sets you up for future success.
Real Property Law
In representing real estate issues for our business clients, we regularly negotiate commercial leases. Securing the ideal business space to operate your business is extremely important. Having a broker is not enough. You need a competent real estate attorney to review and negotiate your lease in San Diego. Commercial leases are voluminous documents containing numerous clauses and terms slanted heavily in the landlord’s favor. Contrary to popular belief, many of these seemingly boilerplate terms are negotiable. Sometimes, our clients have disputes with their landlord. Perhaps your business if suffering financial troubles and needs a temporary abatement in rent. Maybe your landlord in not acting in good faith by properly repairing and maintaining the premises as contracted. Or, you may want to renew your lease terms, but the renewal terms are unreasonable. Whatever issue your business is facing relating to its business space, our San Diego real estate attorney is here to help.
After representing banks and loan servicers in the mortgage crisis, our firm is experienced and capable to help you with issues related to your mortgage including wrongful foreclosure, fraud, negligence, refinancing issues, or even title issues. We are also experienced in bringing and defending unlawful detainer (eviction) actions. If you have a legal issue concerning real estate, you can rest assured that Heieck Law Center can effectively handle it.