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Questions Answered by Evelyn Suero
2 Answers | Asked in Probate for Florida on
Q: I have a seller who dad has passed away and he wants to sell the Land property. does he need to hire a attorney

Hello,

I'm helping a seller looking to sell their Florida land, which needs to go through probate due to their father's passing. I'd like to know if hiring an attorney is necessary for transferring the deed to the seller's name, and what the expected fees for this service might be. Thank you!"

Evelyn Suero
Evelyn Suero
answered on Dec 18, 2023

Depending on the facts of the case, date of death, value of property, etc., the property may have to be administered under formal or summary administration, and will likely require an attorney because it is a complicated process. This heir should consult with a probate attorney to discuss and... View More

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2 Answers | Asked in Probate for Florida on
Q: My brother just passed away in Florida. I am next of kin and live in another state. I am heading to Florida and making

arrangements for his funeral. i have a key to his house and have stayed with him many times. He also set up a bank account with both our names. He told me to pay his bills if he could not. I have no legal paper to show that I can do things on his behalf. He died unexpectedly. I had recently been... View More

Evelyn Suero
Evelyn Suero
answered on Nov 27, 2023

Very sorry for your loss. The banks and other institutions may require you to obtain Letters of Administration from the probate court in order to manage your deceased brother's affairs as the personal representative. If so, you will need to hire a probate attorney to open a probate... View More

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3 Answers | Asked in Trademark and Intellectual Property on
Q: how much is to get a trademark for a therapy approach?
Evelyn Suero
Evelyn Suero
answered on Nov 21, 2023

Trademark filing fees are between $250-$350 per trademark per class. Also, it is recommended that you conduct a clearance search of your proposed trademark prior to beginning the registration process in order to review any trademarks currently in use that may be confusingly similar to your... View More

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
Evelyn Suero
Evelyn Suero
answered on Oct 20, 2023

A trademark may have a status of abandoned when the owner has failed to file a response or some other required document. It does not necessarily mean that the trademark is not in use by that applicant or any other business. You may be able to file a new trademark registration if you have conducted... View More

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6 Answers | Asked in Trademark and Intellectual Property on
Q: how do I trademark a logo and name in a specific industry?

I'm starting a business in the supplement industry and I want to know how to protect my brand name and logo.

Evelyn Suero
Evelyn Suero
answered on Oct 3, 2023

You should seek an experienced trademark attorney to guide you with the registration process and to assist you with conducting a clearance search to determine if there are any existing similar trademarks that could pose an obstacle to registering and using your trademarks.

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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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3 Answers | Asked in Trademark for New York on
Q: Can you restore my lost trademark for "abandonment"? I have been using this name for 60 years

Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Image for trademark with serial number 85047118

Serial Number85047118

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2011-04-06

Filing Date2010-05-25... View More

Evelyn Suero
Evelyn Suero
answered on Apr 5, 2024

Of the registration has been abandoned past the grace period allowed, then you would have to submit a new trademark registration.

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My Dad recently passed away, he had a will and I was appointed the executor.

The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?

Evelyn Suero
Evelyn Suero
answered on Jan 26, 2024

My condolences for your loss. You will need to deposit the original will with the clerk of court in the county where your father resided and hire a probate attorney in Florida to file for probate administration.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I am PR, hired estate atty, been in probate over 2 yrs now as delays continue. Options??

2-3 months at times between responding parties (other 2 parties each with own attys - 3 parties total) communications and status updates. When I inquire ... "I'll let you know when I hear something." 3rd petition for extension has to be filed, again.

Evelyn Suero
Evelyn Suero
answered on Jan 15, 2024

You may consult with another probate attorney to review the status of the administration and inquire about the possibility of substituting your probate attorney with a new attorney if warranted.

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2 Answers | Asked in Trademark and Intellectual Property on
Q: Hello, how can I use this abbandoned ELIXIR trademark?

I want to open a company with the name Elixir

Evelyn Suero
Evelyn Suero
answered on Nov 25, 2023

An application or registration with a status of abandoned does not necessarily mean the trademark is no longer in use by that owner or another. A clearance should be performed before using and/or registering any trademark. Consult with a trademark attorney for more guidance through this process.

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2 Answers | Asked in Trademark for Georgia on
Q: hello, i am looking to trademark a mobile app on this site. Can you tell me how to go about that
Evelyn Suero
Evelyn Suero
answered on Nov 6, 2023

Before filing an application, a business owner should always conduct a clearance search to determine if there are any confusingly similar trademarks in use. Applications for U.S. trademark registration can be filed with the USPTO. However, it is strongly recommended that you work with an attorney... 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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