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Questions Answered by Evelyn Suero
2 Answers | Asked in Probate for Florida on
Q: How can I do things like cash a check made out to my deceased father without probate?

I am in Florida. I have the death certificate and a will that specifies me as the executor. There are no non-exempt assets, so nothing going into probate. However I am filing a Petition for Summary Administration anyway because it is my understanding that the Petition to Declare Homestead Property... View More

Evelyn Suero
Evelyn Suero
answered on Jul 10, 2023

An order of Summary Administration can be used to distribute a decedent's accounts, however for the Petition, you will need to provide values for the accounts and other assets of the estate in order to determine if the estate qualifies for Summary Administration. Unfortunately many banks and... View More

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2 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: What does "Status: 710 - cancelled - section 8" mean on a trademark?

If a name is showing a trademark and then shows the above: "Status: 710 - cancelled - section 8"

Evelyn Suero
Evelyn Suero
answered on Jun 22, 2023

For trademarks registered with the USPTO, the 710 cancelled - section 8 status means that the registration for this particular trademark has been can yelled due to failure to file required maintenance forms. This does not mean that the trademark in question is no longer being used by the owner or... View More

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3 Answers | Asked in Probate for Florida on
Q: What is the latest time to begin probate after death?

My uncle has passed away in St. Pete around a month ago. I wonder to ask about the legal process to begin probate.

Kind regards

Evelyn Suero
Evelyn Suero
answered on Jun 6, 2023

The answer depends on the facts of the estate. The last will should be deposited with the clerk of court within 10 days of date of death, and there are also deadlines for filing estate taxes or disclaimers, if applicable. Additionally, some assets such as, bank accounts may be inaccessible without... View More

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2 Answers | Asked in Intellectual Property and Trademark for California on
Q: I would like to use "Sous Le Soleil" as a brand, i saw that "Sous Le Soleil Exactement" was trademarked but abandoned.

Could I use that brand name anyways or no?

Evelyn Suero
Evelyn Suero
answered on Mar 1, 2023

An abandoned trademark application or registration does not necessarily mean that the trademark (or a similar trademark) is no longer in use by the registrant, or by some other user who has not registered yet. These users may still have common law rights against infringement. Working with a... View More

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Does an IRA w/ no beneficiaries need to go thru Probate if the Will passes all assets in estate to Revocable Trust?

My father passed away and I am name PR and trustee. His Will states that all assets in his estate be passed to his Revocable trust, however his IRA had no beneficiary listed. Does the IRA need to pass through probate? He did not list his “assets” in the Will.

Evelyn Suero
Evelyn Suero
answered on Feb 27, 2023

When an IRA is owned by an estate as a result of having no beneficiaries, the estate must go undergo probate administration to transfer those assets in accordance with the terms of a will. Genrally, a will must be admitted to the probate court in order for assets belonging to the estate to be... View More

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2 Answers | Asked in Business Formation for Florida on
Q: Hello, can I from an LLC in Delaware as a Florida resident?
Evelyn Suero
Evelyn Suero
answered on Sep 10, 2023

Yes you can form a Delaware LLC while residing in Florida.

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I have an existing LLC in the state of Florida. Can it be converted to a non-profit? It is an arts organization.

Performing Arts Theatre. Live shows. Educational and Community.

Where would I find the procedure if this is a possibility.

Evelyn Suero
Evelyn Suero
answered on Jul 5, 2023

It may be possible to merge your LLC into a new nonprofit organization where the assets of the LLC would be merged into the surviving nonprofit corporation. This is a complicated process and it is recommended that you work with an attorney to assist you.

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3 Answers | Asked in Probate for Florida on
Q: My sister passed before she could sign the durable power of attorney. The only thing she has is a bank account .

How do I access it? I have a copy of her DL and death certificate which I signed.

Evelyn Suero
Evelyn Suero
answered on Jul 3, 2023

Depending on the size of the estate, you may be able to petition for Summary Administration or other small estate proceeding. Consult with a probate attorney for more specific guidance.

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2 Answers | Asked in Trademark for District of Columbia on
Q: I need assistance getting my Trademark reinstated. Can you help?
Evelyn Suero
Evelyn Suero
answered on Jun 27, 2023

Contact a trademark attorney directly for guidance on reinstating a trademark.

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3 Answers | Asked in Trademark for New York on
Q: Is there a way to re- establish a trademark that I had but let run out at renewal or do I need to start over?

Currently, I checked and the history remains cancelled with no other application.

Evelyn Suero
Evelyn Suero
answered on Jun 21, 2023

A trademark owner is generally given two months of the date of the cancellation/expiration notice to file a petition to revive. If more than two months have passed, then a new application to register the trademark will have to be filed.

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2 Answers | Asked in Trademark for Georgia on
Q: How do I change the codes for my trademark as what we do has changed over the past year.

How do I change the codes for my trademark as what we do has changed over the past year.

Evelyn Suero
Evelyn Suero
answered on Jun 21, 2023

While the owner of a registered trademark may submit a filing to delete classes from their registration, they are not allowed to add classes. New classes are filed via a new trademark registration application. Consult with a trademark attorney for guidance.

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3 Answers | Asked in Trademark on
Q: Hi, I am wanting to look at trademarking our business name please
Evelyn Suero
Evelyn Suero
answered on Jun 13, 2023

You may consult with a Trademark attorney to assist you with registering your trademark. A clearance search should be conducted to determine if there are any confusingly similar marks already in use prior to filing the trademark application.

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2 Answers | Asked in Probate for Florida on
Q: My uncle passed suddenly and he has no will.Can I fly from Calif. with death cert. to claim his assets in Fla.w/out law

Can I, being his niece, fly to Florida with his death certificate and authorization to represent the surviving family, be able to have his assets transferred? Do I need to get a probate lawyer? I know of most of his assets, none including real estate. He had recently sold his house in Coconut... View More

Evelyn Suero
Evelyn Suero
answered on May 9, 2023

Based on your description of the assets, you will likely need a probate attorney to obtain an Order Appointing you as Personal Representative and to administer this estate. If the sisters (heirs) consent, you may be able to serve as personal representative. Consult with a probate attorney for more... View More

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4 Answers | Asked in Trademark and Intellectual Property on
Q: Can I trademark a name that may be used by another company on a different industry?

I want to trademark a name and software similar to Facebook's REACT. But I see that the name is used in different industries and I was wondering If I could trademark it even if it is used elsewhere.

Evelyn Suero
Evelyn Suero
answered on May 3, 2023

It may be possible to register a trademark with a similar name when the goods or services for the respective trademarks are not similar, however if the goods or services are similar (ie. you mentioned similar sodtware), it is likely that the USPTO will refuse to register the trademark due to... View More

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4 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: If I trademark my companies name, do I have to trademark the LLC portion as well?
Evelyn Suero
Evelyn Suero
answered on Apr 17, 2023

Generally a trademark should be registered in the precise manner that you will use it to promote/sell your goods and services. However consulting with a trademark attorney is recommended to determine the best option.

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5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

Evelyn Suero
Evelyn Suero
answered on Mar 28, 2023

It is likely that a trademark application for a mark that is very similar to a registered trademark will be refused on the basis of likelihood of confusion, especially when the differences between both marks are minimal and both marks are used for the same goods or services. Consulting with an... View More

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Has anyone Trademark CoCo Chanel ?
Evelyn Suero
Evelyn Suero
answered on Mar 27, 2023

The Coco Chanel trademark is registered and owned by Chanel Inc. for perfume.

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2 Answers | Asked in Trademark for Arkansas on
Q: How to do I get a trademark that was already started but the examiner dropped the ball? "COVID" - great excuse!

We did everything asked from the government site. Replied to the examiner etc. This was during the "Covid ordeal" so no one ever got back with us. Great excuse. Then they just abandoned it as failure to respond even though we did. We still need to get this trademarked. I guess they just... View More

Evelyn Suero
Evelyn Suero
answered on Mar 21, 2023

It is possible that your response did not fully address all of the issues presented by the examiner and therefore resulted in abandonment. It is recommended that you work with a trademark attorney to guide you if you decide to submit a new application.

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: If my father-in-law's name is on a camper title with my wife and I does that make the camper part of his estate?
Evelyn Suero
Evelyn Suero
answered on Mar 16, 2023

In Florida, an estate generally consists of all of the assets and property owned by the decedent, which includes partial interests. Whether the camper is part of the decedent's estate will also depend on how the camper is specifically titled. Consult with a probate attorney for more information.

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4 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hello, i would like to trademark the word Love& loyalty. Is that possible ?

I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.

Evelyn Suero
Evelyn Suero
answered on Mar 14, 2023

Trademarks may be registered with your state or federally with the USPTO. It is recommended that you work with a trademark attorney to assist you with determining the proper classes of good or servces for your registration and to conduct a clearance search.

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