—PROTECTING TODAY PLANNING TOMORROW
WHY
What is Intestate Succession?
If a person dies without a Last Will & Testament, their assets pass to their heirs in accordance with a formula determined by state law.
What is A Last Will & Testament?
Is A Last Will & Testament Necessary?
It’s very important that you have a Last Will & Testament to designate the Personal Representative, Executor or Executrix to insure your estate is managed properly. Also, you never know, things could change. People frequently underestimate their assets. Who would get your car and personal effects that may possibly have sentimental value? Furthermore, if you accidentally died, although your family would have a separate cause of action for wrongful death, with a survivor action brought on your behalf and which is considered to belong to the your estate, if you had a Last Will & Testament in place, any recovery would be distributed according to the terms of the Last Will & Testament
What’s a Simple Last Will & Testament?
What is Testate and Intestate?
How Are Wills & Testaments Contested?
Last Will & Testaments cannot be contested because an heir or potential heir thinks the Last Will & Testament is unfair or the decedent didn’t like the heirs. There has to be some kind of impropriety, such as that the Last Will & Testament didn’t have the proper legal formalities, such as execution without proper witnesses, notary, or other formal requirements, the Testator or Testatrix of the Last Will & Testament lacked mental capacity (i.e., was senile or suffering from dementia), the Testator or Testatrix of the Last Will & Testament was under undue influence of another person, the assets Last Will & Testament will be distributed in violation of state law, there is unclear, confusing, or ambiguous language in the Last Will & Testament, there is a breach of fiduciary duty by the Personal Representative, Executor or Executrix for failure to make proper or timely distributions, failure to make proper or timely accountings, failure to administer the Last Will & Testament in the manner required by the document, or self dealing, fraud and excessive compensation.
What is Probate?
What Assets Are Probated?
Summary Probate Proceedings?
Most states have enacted laws for the expedited probate administration of small estates in order to enable heirs to obtain property of the deceased provided certain requirements are met. As a result, small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available.
What is a Forced Share?
What is a Trust?
What is a Revocable Living Trust?
The grantor or settlor is typically the primary beneficiary during his or her lifetime. At the grantor or settlor’s death, the Trust becomes irrevocable, and, after payment of taxes, expenses, and debts, the Trust assets are distributed to designated beneficiaries or allocated among new Trusts created at the death of the grantor or settlor under the Trust instrument.
PLANNING
Can Someone Hold Multiple Roles?
Yes, the same person may be the grantor or settlor, a Trustee, and a beneficiary (with perhaps additional Trustees and beneficiaries).
Advantages to a Revocable Living Trust?
The primary reasons to consider using a Revocable Living Trust have to do with ease of administration and to avoid probate. The Trust instrument typically provides that in the event of the grantor or settlor’s incapacity, such as mental illness or physical disability, a successor Trustee takes over the administration of Trust property. This means that a costly and public court proceeding to establish guardianship is avoided.
The main attraction of Revocable Living Trust is the avoidance of probate upon the grantor or settlor’s death. Probate is avoided because the Trust assets are owned by the Trust rather than the grantor or settlor. Also, if a grantor or settlor has properties in several states, the cost of probate administration is avoided because administration is consolidated with one Trust instrument.
The property held in the Trust will pass at the grantor or settlor’s death free of probate unless the Trust estate is to be distributed to the Personal Representative of the probate estate.
What are some other advantages?
- The Trust can become irrevocable upon the grantor or settlor’s incapacity or incompetency, but become revocable upon the recovery of the grantor or settlor and perhaps allow the avoidance of guardianship proceedings;
- The Trust can be used to segregate assets for many purposes such as second marriages where pre-marriage assets can be held in the event of a later divorce;
- There may be some creditor protection for the assets held in the Trust, if the grantor or settlor is given only a limited power, not the power to revoke; and
- Unlike a Last Will & Testament, the Trust agreement does not become a public document.
How is the Revocable Living Trust taxed?
Who is a Trust Beneficiary?
Who is a Trustee?
If you have no children, or your children cannot serve, or you wish not to use your children, you may choose any person even if not related to you. You may also choose an attorney or a bank with Trust Powers, although you should be aware of the yearly costs. However, in a large, complex estate, a banking institution with Trust Powers may have advantages that outweigh the costs. Should your spouse be a resident or non-resident alien you will be required to use a U.S. person if you wish to preserve the marital deduction for estate tax purposes. Your particular situation should be discussed on an individual basis.
What Are Co-Trustees?
What is A Successor Trustee?
Can Beneficiaries Be Limited?
What is a Spendthrift Provision?
How Do I Transfer Assets to the Trust?
A bill of sale is used to transfer most personal property. Anything not transferred to the Trust may be subject to probate. Because personal property may be purchased after the date of the bill of sale, periodic transfers would need to be made or purchase may be made directly by the trust with its cash, bank note or credit card.
Does the Trust Provide Asset Protection?
Revocable vs. Irrevocable Living Trust
MATTERS
Assets Protected by the Trust
The assets that are transferred to the Trust. Just drafting and executing a Trust is not enough: asset transfer documents need to be executed to perfect the transfer of the assets and insure insider control.
Fraudulent Revocable Living Trusts
- Tax avoidance schemes marketed by promoters promise taxpayers that they can avoid paying taxes while not losing control of their assets and may involve the use of Trusts.
- Generally, Trust income is taxable unless there is a specific exemption. However, a Trust may deduct distributions to its beneficiaries. Meanwhile, typically in abusive Trust schemes, there are improper deductions of these expenses and repeated shifting of remaining income to other Trusts in an effort to hide the money. As a result, there is a decrease in the amount of taxable income is underreported.
- There are proper uses of Trusts for estate planning, but you have to be wary of Trust “shell games” where income is shifted and deductions are claimed for illegitimate expenses. It is essential you seek the guidance of a knowledgeable attorney
What is a Durable Power of Attorney?
For example, if you are in a car accident and taken to the hospital, who will be able to get your car from the storage lot to where it is towed? If the car is titled in your name alone, your spouse or, if your spouse is out of town or in the same accident, your child or friend cannot sign your name to get the car released without specific written Durable Power of Attorney which states that it survives your disability.
You should have a Durable Power of Attorney for each spouse for the other spouse and, in case your spouse is deceased or also incapacitated, a second Durable Power of Attorney to a child or friend. Since some entities such as a car-tow lot may require only a simple Power of Attorney, you may want a regular Power of Attorney rather than a Durable Power of Attorney.
Without the Durable Power of Attorney, you would be required to have a conservator or guardian of your property appointed by the court, which is expensive and extremely cumbersome. However, there are situations when someone else may require a conservator or guardian be appointed by the court and you will want the conservator or guardian to be a family member rather than some stranger or professional guardian. The law allows you to make a pre-need designation of guardian.
Health Care Directives
Pour-Over Last Will & Testament
The Pour-Over Last Will & Testament bequeaths assets you direct and the assets remaining are transferred to a Trust or Trusts so that the Trust grantor or settlor can maintain control over certain assets during their lifetime and then have it for the benefit of Trust beneficiaries upon his or her death.
For example, Billy Bob has a house, some land and a glittery diamond ring. He sets up a Trust for his son, Sam. When he sets up the Trust, he funds it with the land and the house. Billy Bob forgot to put the diamond ring in the Trust, but the Pour-Over Last Will & Testament provides that anything not specifically transferred during the lifetime of the grantor or settlor “pours over” into the Trust so the diamond ring becomes the property of the Trust upon his death.
What’s a Marital Exemption Trust?
The estate tax is levied by multiplying the gross estate (plus adjusted taxable gifts) by the estate tax rate. Then, amounts in excess of a unified credit ($2,000,000 in 2007 or $1,000,000 for each spouse) are subject to the federal estate tax. In the case of a married couple, each spouse is entitled to all of their unified credit and each spouse may pass to their children or others, tax-free, the full value of their applicable credit equivalent amount. Furthermore, when spouses leave their estates to a surviving spouse, the estate tax marital deduction is unlimited. However, the down side is that one spouse leaving their estates to the other pushes the value of the surviving spouse’s estate so it is beyond the credit equivalent.
This is avoided by using a Marital Exemption Trust or A/B Trust. Because the marital deduction is unlimited, some think that they can leave their estates to their spouse with no estate tax consequences. By failing to plan, the married couple Last Will & Testament have thrown away the deceased spouse’s unified credit ($1,000,000 for each spouse) and, the deceased spouse Last Will & Testament have stacked — up to an amount equal to the annual estate exclusion amount that could have passed tax-free — into the estate of the surviving spouse.
When both spouses establish credit bypass Trusts for each others’ benefit, under the terms of their Trust instruments, the first credit equivalent amount applicable in the year of death of their estate passes to the Trust. Generally, the Trust provides that all of its income is for the benefit of the surviving spouse, certain distributions of principal are allowed, and upon the surviving spouse’s death, the remainder passes to the beneficiary or beneficiaries tax-free.
The operative feature of a credit bypass Trust — and the reason it is not included in the estate of the surviving spouse — is that it is not considered property of the deceased spouse at the time of his or her death owned outright. Instead, the decedent may have an income interest for life in the Trust established by the other spouse.
What is a Gift?
What is the Gift Tax?
Are there exceptions to the Gift Tax?
Yes, there are many exceptions. Generally, the following gifts are not taxable gifts:
- Gifts that are not more than the annual exclusion for the calendar year.
- Tuition or medical expenses you pay for someone (the educational and medical exclusions).
- Gifts to your spouse.
- Gifts to a political organization for its use.
What’s the Annual Gift Exclusion?
What is the Lifetime Exclusion?
The lifetime exclusion isn’t triggered until your gifts to one person in one year exceed the annual exclusion amount (currently $12,000). So for example, if you make a $15,000 gift in 2008, $3,000 of your lifetime limit will be expended.
Any dollar amount used out of your lifetime gift tax exclusion is deducted against the estate tax exclusion, which is $2,000,000 as of 2008 and $3,500,000 as of 2009. This means that if you use $250,000 of the limit by making gifts during your lifetime, you have reduced by $250,000 the amount that can be passed tax-free.
What is a Premarital Agreement?
In most states, the parties must disclose their income and assets to the other party. This way, the parties will be apprised of the consequences of signing a premarital agreement. Sometimes it is difficult to make a precise statement of a party’s net worth, such as in the instance of a small business where it is difficult to ascertain the value of the business.
In order to be valid, an agreement must not be the result of fraud or duress. An agreement is likely to be invalid on the basis of fraud if the wealthier party deliberately misrepresents their financial condition. Also, if one person exerts excessive emotional trauma to force the other party to sign the agreement, a court also might declare the agreement to be invalid because of duress.
In order to avoid an appearance of duress and to give the parties ample time to consider the agreement, the agreement should be reviewed within a reasonable time frame by separate, independent attorney at law for each party. The greater the amount of time the parties have to consider the agreement, there is more of a likelihood a court would find the agreement to be voluntary.
The parties, particularly the less wealthy party, might be asked to sign a written statement reflecting their understanding and consent to the agreement. Alternatively, the signing of the agreement might be videotaped (or audio taped) with the parties providing oral statements of their understanding and consent to the agreement as well.
What is a Guardian?
WHY
What is Intestate Succession?
If a person dies without a Last Will & Testament, their assets pass to their heirs in accordance with a formula determined by state law.
What is A Last Will & Testament?
Is A Last Will & Testament Necessary?
It’s very important that you have a Last Will & Testament to designate the Personal Representative, Executor or Executrix to insure your estate is managed properly. Also, you never know, things could change. People frequently underestimate their assets. Who would get your car and personal effects that may possibly have sentimental value? Furthermore, if you accidentally died, although your family would have a separate cause of action for wrongful death, with a survivor action brought on your behalf and which is considered to belong to the your estate, if you had a Last Will & Testament in place, any recovery would be distributed according to the terms of the Last Will & Testament
What’s a Simple Last Will & Testament?
What is Testate and Intestate?
How Are Wills & Testaments Contested?
Last Will & Testaments cannot be contested because an heir or potential heir thinks the Last Will & Testament is unfair or the decedent didn’t like the heirs. There has to be some kind of impropriety, such as that the Last Will & Testament didn’t have the proper legal formalities, such as execution without proper witnesses, notary, or other formal requirements, the Testator or Testatrix of the Last Will & Testament lacked mental capacity (i.e., was senile or suffering from dementia), the Testator or Testatrix of the Last Will & Testament was under undue influence of another person, the assets Last Will & Testament will be distributed in violation of state law, there is unclear, confusing, or ambiguous language in the Last Will & Testament, there is a breach of fiduciary duty by the Personal Representative, Executor or Executrix for failure to make proper or timely distributions, failure to make proper or timely accountings, failure to administer the Last Will & Testament in the manner required by the document, or self dealing, fraud and excessive compensation.
What is Probate?
What Assets Are Probated?
Summary Probate Proceedings?
Most states have enacted laws for the expedited probate administration of small estates in order to enable heirs to obtain property of the deceased provided certain requirements are met. As a result, small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available.
What is a Forced Share?
What is a Trust?
What is a Revocable Living Trust?
The grantor or settlor is typically the primary beneficiary during his or her lifetime. At the grantor or settlor’s death, the Trust becomes irrevocable, and, after payment of taxes, expenses, and debts, the Trust assets are distributed to designated beneficiaries or allocated among new Trusts created at the death of the grantor or settlor under the Trust instrument.
Can Someone Hold Multiple Roles?
Yes, the same person may be the grantor or settlor, a Trustee, and a beneficiary (with perhaps additional Trustees and beneficiaries).
Advantages to a Revocable Living Trust?
The primary reasons to consider using a Revocable Living Trust have to do with ease of administration and to avoid probate. The Trust instrument typically provides that in the event of the grantor or settlor’s incapacity, such as mental illness or physical disability, a successor Trustee takes over the administration of Trust property. This means that a costly and public court proceeding to establish guardianship is avoided.
The main attraction of Revocable Living Trust is the avoidance of probate upon the grantor or settlor’s death. Probate is avoided because the Trust assets are owned by the Trust rather than the grantor or settlor. Also, if a grantor or settlor has properties in several states, the cost of probate administration is avoided because administration is consolidated with one Trust instrument.
The property held in the Trust will pass at the grantor or settlor’s death free of probate unless the Trust estate is to be distributed to the Personal Representative of the probate estate.
What are some other advantages?
- The Trust can become irrevocable upon the grantor or settlor’s incapacity or incompetency, but become revocable upon the recovery of the grantor or settlor and perhaps allow the avoidance of guardianship proceedings;
- The Trust can be used to segregate assets for many purposes such as second marriages where pre-marriage assets can be held in the event of a later divorce;
- There may be some creditor protection for the assets held in the Trust, if the grantor or settlor is given only a limited power, not the power to revoke; and
- Unlike a Last Will & Testament, the Trust agreement does not become a public document.
How is the Revocable Living Trust taxed?
Generally, during the grantor or settlor/Trustee’s lifetime, because of the Trust’s revocability, the grantor or settlor is considered to own the assets, the trust is a disregarded entity for tax purposes and is the grantor or settlor is taxed on any income (and entitled to any deductions) as though the Trust does not exist. At the grantor or settlor/Trustee’s death, the Trust is deemed a taxable entity separate from the settlor or grantor/Trustee and from the estate.
Who is a Trust Beneficiary?
It is the person or persons for whom the Trust is administered and intended to benefit. There are principal beneficiaries and income beneficiaries. Principal beneficiaries get direct distributions of a trust asst or the proceeds from the sale of a principal asset held in Trust. Income beneficiaries are entitled to a current return of income a Trust asset.
Who is a Trustee?
The Trustee administers the Trust subject to the parameters of a contract known as a Trust instrument. If you are a widow or widower, you may wish to have a son or daughter listed as Co-Trustee with either signature required. Or you may wish to serve as sole Trustee, with a son or daughter listed as Successor Trustee, to serve only if you become incapacitated or die. If that son or daughter is unable to serve years from now when needed, you will want to list several successors in order that they would serve. You will want the Trust never to be without a Trustee that you have chosen.
If you have no children, or your children cannot serve, or you wish not to use your children, you may choose any person even if not related to you. You may also choose an attorney or a bank with Trust Powers, although you should be aware of the yearly costs. However, in a large, complex estate, a banking institution with Trust Powers may have advantages that outweigh the costs. Should your spouse be a resident or non-resident alien you will be required to use a U.S. person if you wish to preserve the marital deduction for estate tax purposes. Your particular situation should be discussed on an individual basis.
What are Co-Trustees?
A revocable living Trust can have more than one Trustees, known as Co-Trustees, so that the court doesn’t have to appoint a Trustee upon the death or incapacity of the sole Trustee. In most situations, you and your spouse will be Co-Trustees.
What is a Successor Trustee?
While Co-Trustees serve as Trustees at the same time, a successor Trustee takes over upon the death or incapacity or resignation of the then-serving Trustee. Generally, spouses will be Co-Trustees and then when both spouses are no longer capable of managing the assets, their child or children will serve as a Successor Trustee.
Can Beneficiaries Be Limited?
Yes. The Trust instrument could be drafted so that during the lifetime of the beneficiary, the Trustee could distribute to or for the benefit of the beneficiary as much as income and as much as principal as in the sole and exclusive discretion of the Trustee as is necessary for the health, welfare, support, and education of the beneficiary.
How Do I Transfer Assets To The Trust?
You should transfer title to the Trust the way it normally would happen: with a deed for real property; a vehicle title for a car; or a bill of sale for personal property. If you have a mortgage, you should contact the lender to find out if they will permit the transfer. The transfer to the Trust will be effective and perfected when the deed is signed, documented and recorded.
A bill of sale is used to transfer most personal property. Anything not transferred to the Trust may be subject to probate. Because personal property may be purchased after the date of the bill of sale, periodic transfers would need to be made or purchase may be made directly by the trust with its cash, bank note or credit card.
Does the Trust Provide Asset Protection?
Revocable vs. Irrevocable Living Trust
Assets Protected by the Trust
The assets that are transferred to the Trust. Just drafting and executing a Trust is not enough: asset transfer documents need to be executed to perfect the transfer of the assets and insure insider control.
Fraudulent Revocable Living Trusts
- Tax avoidance schemes marketed by promoters promise taxpayers that they can avoid paying taxes while not losing control of their assets and may involve the use of Trusts.
- Generally, Trust income is taxable unless there is a specific exemption. However, a Trust may deduct distributions to its beneficiaries. Meanwhile, typically in abusive Trust schemes, there are improper deductions of these expenses and repeated shifting of remaining income to other Trusts in an effort to hide the money. As a result, there is a decrease in the amount of taxable income is underreported.
- There are proper uses of Trusts for estate planning, but you have to be wary of Trust “shell games” where income is shifted and deductions are claimed for illegitimate expenses. It is essential you seek the guidance of a knowledgeable attorney
What is a Durable Power of Attorney?
The Durable Power of Attorney is a document you will keep in your possession and under your control, but you will tell your spouse and/or child that there is a Durable Power of Attorney authorizing them to act if you are alive, but incapacitated.
For example, if you are in a car accident and taken to the hospital, who will be able to get your car from the storage lot to where it is towed? If the car is titled in your name alone, your spouse or, if your spouse is out of town or in the same accident, your child or friend cannot sign your name to get the car released without specific written Durable Power of Attorney which states that it survives your disability.
You should have a Durable Power of Attorney for each spouse for the other spouse and, in case your spouse is deceased or also incapacitated, a second Durable Power of Attorney to a child or friend. Since some entities such as a car-tow lot may require only a simple Power of Attorney, you may want a regular Power of Attorney rather than a Durable Power of Attorney.
Without the Durable Power of Attorney, you would be required to have a conservator or guardian of your property appointed by the court, which is expensive and extremely cumbersome. However, there are situations when someone else may require a conservator or guardian be appointed by the court and you will want the conservator or guardian to be a family member rather than some stranger or professional guardian. The law allows you to make a pre-need designation of guardian.
Health Care Directives
Pour-Over Last Will & Testament
The Pour-Over Last Will & Testament bequeaths assets you direct and the assets remaining are transferred to a Trust or Trusts so that the Trust grantor or settlor can maintain control over certain assets during their lifetime and then have it for the benefit of Trust beneficiaries upon his or her death.
For example, Billy Bob has a house, some land and a glittery diamond ring. He sets up a Trust for his son, Sam. When he sets up the Trust, he funds it with the land and the house. Billy Bob forgot to put the diamond ring in the Trust, but the Pour-Over Last Will & Testament provides that anything not specifically transferred during the lifetime of the grantor or settlor “pours over” into the Trust so the diamond ring becomes the property of the Trust upon his death.
What’s a Marital Exemption Trust?
In the past, the Marital Exemption Trust or A/B Trust allowed married persons to escape certain estate taxes. Now, the estate tax is being gradually phased out until 2010. Without further legislative action, the estate tax will be restored in 2011. Because of the legislative uncertainty, is therefore difficult to predict whether the Marital Exemption Trust would be useful. However, a judicious estate planner may want to have a Marital Exemption Trust if the estate tax remains.
The estate tax is levied by multiplying the gross estate (plus adjusted taxable gifts) by the estate tax rate. Then, amounts in excess of a unified credit ($2,000,000 in 2007 or $1,000,000 for each spouse) are subject to the federal estate tax. In the case of a married couple, each spouse is entitled to all of their unified credit and each spouse may pass to their children or others, tax-free, the full value of their applicable credit equivalent amount. Furthermore, when spouses leave their estates to a surviving spouse, the estate tax marital deduction is unlimited. However, the down side is that one spouse leaving their estates to the other pushes the value of the surviving spouse’s estate so it is beyond the credit equivalent.
This is avoided by using a Marital Exemption Trust or A/B Trust. Because the marital deduction is unlimited, some think that they can leave their estates to their spouse with no estate tax consequences. By failing to plan, the married couple Last Will & Testament have thrown away the deceased spouse’s unified credit ($1,000,000 for each spouse) and, the deceased spouse Last Will & Testament have stacked — up to an amount equal to the annual estate exclusion amount that could have passed tax-free — into the estate of the surviving spouse.
When both spouses establish credit bypass Trusts for each others’ benefit, under the terms of their Trust instruments, the first credit equivalent amount applicable in the year of death of their estate passes to the Trust. Generally, the Trust provides that all of its income is for the benefit of the surviving spouse, certain distributions of principal are allowed, and upon the surviving spouse’s death, the remainder passes to the beneficiary or beneficiaries tax-free.
The operative feature of a credit bypass Trust — and the reason it is not included in the estate of the surviving spouse — is that it is not considered property of the deceased spouse at the time of his or her death owned outright. Instead, the decedent may have an income interest for life in the Trust established by the other spouse.
What is a Gift?
What is the Gift Tax?
What’s the Annual Gift Exclusion?
What is the Lifetime Exclusion?
You may give a substantial amount during your lifetime without ever paying a gift tax. As of 2008 the amount is $1,000,000.
The lifetime exclusion isn’t triggered until your gifts to one person in one year exceed the annual exclusion amount (currently $12,000). So for example, if you make a $15,000 gift in 2008, $3,000 of your lifetime limit will be expended.
Any dollar amount used out of your lifetime gift tax exclusion is deducted against the estate tax exclusion, which is $2,000,000 as of 2008 and $3,500,000 as of 2009. This means that if you use $250,000 of the limit by making gifts during your lifetime, you have reduced by $250,000 the amount that can be passed tax-free.
What is a Premarital Agreement?
The laws governing the validity of premarital agreements vary from state to state. In general, the agreements must be in writing and signed by the parties.
In most states, the parties must disclose their income and assets to the other party. This way, the parties will be apprised of the consequences of signing a premarital agreement. Sometimes it is difficult to make a precise statement of a party’s net worth, such as in the instance of a small business where it is difficult to ascertain the value of the business.
In order to be valid, an agreement must not be the result of fraud or duress. An agreement is likely to be invalid on the basis of fraud if the wealthier party deliberately misrepresents their financial condition. Also, if one person exerts excessive emotional trauma to force the other party to sign the agreement, a court also might declare the agreement to be invalid because of duress.
In order to avoid an appearance of duress and to give the parties ample time to consider the agreement, the agreement should be reviewed within a reasonable time frame by separate, independent attorney at law for each party. The greater the amount of time the parties have to consider the agreement, there is more of a likelihood a court would find the agreement to be voluntary.
The parties, particularly the less wealthy party, might be asked to sign a written statement reflecting their understanding and consent to the agreement. Alternatively, the signing of the agreement might be videotaped (or audio taped) with the parties providing oral statements of their understanding and consent to the agreement as well.
What is a Guardian?
TRUSTS|WILLS—GENERATIONAL
—FAMILY PROTECTION—BY DESIGN—FORESIGHT —POSTERITY
“Where there’s a will, there’s a way, but with a trust, there’s a secure and timeless legacy.”
Wills and trusts play pivotal roles in safeguarding one’s legacy and ensuring that personal wishes are carried out effectively. A will provides a clear roadmap for the distribution of assets, appointing guardians, and articulating final wishes. On the other hand, trusts offer added layers of protection, facilitating efficient estate management, privacy preservation, and even strategies for minimizing tax liabilities. Together, wills and trusts provide individuals with the peace of mind that their hard-earned assets are directed according to their desires, offering a comprehensive and tailored approach to estate planning.
Note&Compare
- Ltd. Power of Attorney
- Durable Power of Attorney
- Durable Ltd. Power of Attorney
- Last Will & Testament
- Pour Over Last Will & Testament
|
$167.95 OUR PROMISE — YOUR Complete Coverage and Protection |
 24hr – filing More Services |
|
A Limited Power of Attorney empowers a designated individual (attorney in fact) for specific tasks, like property transactions or business operations. This focused authority ensures precision in actions. Certain entities prefer special power of attorney for its specificity, and we can assist in crafting this crucial document for $167.95. |
|
$167.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
 24hr – filing More Services |
| Unlike a regular Power of Attorney, the powers conferred by a Durable Power of Attorney persist even if you become disabled or lack the mental capacity to manage your own affairs. This document provides a proactive approach, enabling you to designate the individual who will take charge of handling your financial and legal matters in case of incapacity. |
|
$242.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
 24hr – filing More Services |
| A Durable Limited Power of Attorney allows someone to act in your stead for a specific purpose or purposes, such as to purchase a specific property, execute a certain property, or operate a particular business. Thus, the limited power of attorney, as its name implies, restricts the actions of the attorney in fact to a particular chosen purpose. Read more! |
|
$467.95 OUR PROMISE — YOUR Complete Coverage and Protection |
24hr – filing More Services |
| A Last Will & Testament serves as a vital legal document that articulates an individual’s wishes regarding the distribution of their assets to designated heirs upon their demise. This document empowers the testator with the freedom to appoint a trusted Personal Representative responsible for executing the terms of the will and overseeing the distribution of assets. Read more! |
|
$467.95 OUR PROMISE — YOUR Complete Coverage and Protection |
24hr – filing More Services |
| A “Pour-Over Last Will and Testament” is a legal document that works in conjunction with a living trust. While a standard Last Will & Testament outlines how an individual’s assets should be distributed upon their death, a Pour-Over Will serves as a safety net for any assets that were not transferred into the living trust during the person’s lifetime. Read more! |
- Ltd. Power of Attorney
- Durable Power of Attorney
- Durable Ltd. Power of Attorney
- Last Will & Testament
- Pour Over Last Will & Testament
|
$167.95 OUR PROMISE — YOUR Complete Coverage and Protection |
24hr – filing More Services |
|
A Limited Power of Attorney empowers a designated individual (attorney in fact) for specific tasks, like property transactions or business operations. This focused authority ensures precision in actions. Certain entities prefer special power of attorney for its specificity, and we can assist in crafting this crucial document for $167.95. |
|
$167.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
24hr – filing More Services |
| Unlike a regular Power of Attorney, the powers conferred by a Durable Power of Attorney persist even if you become disabled or lack the mental capacity to manage your own affairs. This document provides a proactive approach, enabling you to designate the individual who will take charge of handling your financial and legal matters in case of incapacity. |
|
$242.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
24hr – filing More Services |
| A Durable Limited Power of Attorney allows someone to act in your stead for a specific purpose or purposes, such as to purchase a specific property, execute a certain property, or operate a particular business. Thus, the limited power of attorney, as its name implies, restricts the actions of the attorney in fact to a particular chosen purpose. Read more! |
|
$467.95 OUR PROMISE — YOUR Complete Coverage and Protection |
24hr – filing More Services |
| A Last Will & Testament serves as a vital legal document that articulates an individual’s wishes regarding the distribution of their assets to designated heirs upon their demise. This document empowers the testator with the freedom to appoint a trusted Personal Representative responsible for executing the terms of the will and overseeing the distribution of assets. Read more! |
|
$467.95 OUR PROMISE — YOUR Complete Coverage and Protection |
24hr – filing More Services |
| A “Pour-Over Last Will and Testament” is a legal document that works in conjunction with a living trust. While a standard Last Will & Testament outlines how an individual’s assets should be distributed upon their death, a Pour-Over Will serves as a safety net for any assets that were not transferred into the living trust during the person’s lifetime. Read more! |
Enables seamless asset transfer, avoiding probate hassles and ensuring privacy for individuals and their beneficiaries..
|
$499.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
An Individual Living Trust offers probate avoidance, control, and privacy in asset distribution during and after one’s lifetime, providing flexibility, ease of administration, and protection from creditors. – file now! |
|
Why consider an Individual Living Trust? The primary reasons to consider using an Individual Living Trust:
|
Enables seamless asset transfer, avoiding probate hassles and ensuring privacy for individuals and their beneficiaries..
|
$599.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
Joint Living Trusts offer couples a flexible and efficient way to manage and distribute shared assets. By jointly establishing the trust, they can streamline the estate transfer process, avoid probate, and maintain privacy. This versatile estate planning tool allows for modifications during the couple’s lifetime, providing a strategic approach to managing shared financial affairs. – file now! |
| Why consider a Joint Living Trust?
|
An Irrevocable Life Insurance Trust (ILIT) serves as a strategic estate planning tool designed to own a life insurance policy, ensuring that the policy proceeds remain outside of your estate.
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$667.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
Through annual transfers of a portion of family savings to the ILIT, these funds can be utilized to cover policy premiums. Moreover, the favorable tax laws governing such arrangements allow the amounts invested in the policy to accumulate free of income tax, facilitating the gradual growth of substantial value over time. – file now! |
|
Why an A/B or Marital Exemption Trust?
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Trust termination becomes crucial in situations where the ongoing administration of the trust loses its practicality or relevance. The Trust Termination Agreement plays a pivotal role in this process, encompassing significant provisions to ensure a smooth transition.
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$399.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
This comprehensive agreement includes the designation of successor trustees, distribution terms, accounting waivers (if appropriate), and other clauses that collectively protect the successor trustee. The agreement also addresses the distribution of personal property, funding values at the date of distribution, and the proposed final distribution. – file now! |
|
Why consider a Joint Living Trust?
|
Land Trusts are occasionally used interchangeably with “conservation easement.” Legally and more precisely defined as an agreement where a tax-exempt not-for-profit corporation obtains property to restrict its use.
|
$667.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
This agreement aims to preserve the property’s natural, scenic, open, agricultural, or wooded condition, making it suitable habitat for fish, plants, or wildlife. Additionally, conservation easements may be enacted to maintain the historical, architectural, archaeological, or cultural significance of the property. The agreement typically includes prohibitions on various land uses, such as construction, road placement, signage, advertising, utilities, or any other structures on or above the ground. It further addresses concerns like dumping, removal of vegetation, excavation, and more. – file now! |
|
Why consider a Joint Living Trust?
|
Enables seamless asset transfer, avoiding probate hassles and ensuring privacy for individuals and their beneficiaries..
|
$499.95 OUR GOAL — YOUR Success and Protection |
| An Individual Living Trust offers probate avoidance, control, and privacy in asset distribution during and after one’s lifetime, providing flexibility, ease of administration, and protection from creditors. – file now! |
|
Why consider an Individual Living Trust? The primary reasons to consider using an Individual Living Trust:
|
Enables seamless asset transfer, avoiding probate hassles and ensuring privacy for individuals and their beneficiaries..
|
$599.95 OUR GOAL — YOUR Success and Protection |
| Joint Living Trusts offer couples a flexible and efficient way to manage and distribute shared assets. By jointly establishing the trust, they can streamline the estate transfer process, avoid probate, and maintain privacy. This versatile estate planning tool allows for modifications during the couple’s lifetime, providing a strategic approach to managing shared financial affairs. – file now! |
| Why consider a Joint Living Trust?
|
An Irrevocable Life Insurance Trust (ILIT) serves as a strategic estate planning tool designed to own a life insurance policy, ensuring that the policy proceeds remain outside of your estate.
|
$667.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
| Through annual transfers of a portion of family savings to the ILIT, these funds can be utilized to cover policy premiums. Moreover, the favorable tax laws governing such arrangements allow the amounts invested in the policy to accumulate free of income tax, facilitating the gradual growth of substantial value over time. – file now! |
Why an A/B or Marital Exemption Trust?
|
Trust termination becomes crucial in situations where the ongoing administration of the trust loses its practicality or relevance. The Trust Termination Agreement plays a pivotal role in this process, encompassing significant provisions to ensure a smooth transition.
|
$399.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
| This comprehensive agreement includes the designation of successor trustees, distribution terms, accounting waivers (if appropriate), and other clauses that collectively protect the successor trustee. The agreement also addresses the distribution of personal property, funding values at the date of distribution, and the proposed final distribution. – file now! |
| Why consider a Joint Living Trust?
|
Land Trusts are occasionally used interchangeably with “conservation easement.” Legally and more precisely defined as an agreement where a tax-exempt not-for-profit corporation obtains property to restrict its use.
|
$667.95 OUR GOAL — YOUR Success and Protection |
| This agreement aims to preserve the property’s natural, scenic, open, agricultural, or wooded condition, making it suitable habitat for fish, plants, or wildlife. Additionally, conservation easements may be enacted to maintain the historical, architectural, archaeological, or cultural significance of the property. The agreement typically includes prohibitions on various land uses, such as construction, road placement, signage, advertising, utilities, or any other structures on or above the ground. It further addresses concerns like dumping, removal of vegetation, excavation, and more. – file now! |
| Why consider a Joint Living Trust?
|
Your Trust Matters To Us!
A trust is a legal arrangement designed to manage assets efficiently, where a trustee oversees and administers the assets for the benefit of specified beneficiaries. This arrangement allows for greater control, flexibility, and privacy in the distribution of assets, often extending beyond the individual’s lifetime. The trustee is tasked with adhering to the terms outlined in the trust document, ensuring the wishes of the trust’s creator, known as the grantor, are fulfilled.
In contrast, a last will and testament serves as a critical component of an individual’s estate planning. This legal document provides explicit instructions on how the individual’s assets and possessions should be distributed upon their death. It is a vital tool for avoiding potential conflicts and uncertainties that may arise in the absence of clear directives.
Having both a trust and a will is pivotal for a well-rounded estate plan. A trust facilitates the seamless transition and management of assets during the grantor’s lifetime and beyond, offering a degree of continuity and control. Meanwhile, a will acts as a final and legally binding expression of the individual’s intentions, ensuring that their wishes are respected and followed.
Together, these instruments offer a comprehensive strategy for managing and distributing assets, addressing financial, familial, and legal considerations. This dual approach helps individuals navigate the complexities of estate planning, providing a robust framework for the orderly transfer of assets and the protection of beneficiaries.
ASSET|PROTECTION—ESSENTIAL
—BUSINESS PROTECTION—SEA TO SEA—DEPTH —DIRECT
Trademark Services
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Lien Protection
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
Contractor v. Employee
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
GCC & RA
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
Contract Consulting
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
TM Receipt*
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
| Charging Order Protecting Entities — Business entities offer limited liability, protecting investors from business liabilities. However, creditors of LLC members or limited partners may theoretically force non-debtor partners into an involuntary partnership with the creditor. |  |
| Many state legislatures prevent creditors from seizing partnership interests. Instead, they allow a charging order, limiting recovery to the partner’s right to distributions. This protection is found in Charging Order Protected Entities (COPE), such as Limited Partnerships (LP), Limited Liability Companies (LLC), Limited Liability Partnerships (LLP), Limited Liability Limited Partnerships (LLLP), and Series LLCs. |
| LLC’s and COPE’s —- careful drafting of the operating agreement or partnership agreement prohibits distributions to the debtor member of the LLC or partner of the partnership as well as forbids a debtor of a partner in a partnership or member of an LLC from becoming an unwanted member of the LLC or partner of the partnership |
| Avoid forming a single-member LLC, except in Nevada. Charging order protection aims to shield non-debtor members or partners from being forced into partnerships or LLCs with the debtor’s creditor. Due to legal uncertainty, it’s presumed that single-member LLCs likely lack charging order protection. |  |
| Corporations are Not the Optimum Can somebody take advantage of Asset Protection with a corporation? The sad fact is they can’t. A judgment against a stockholder of a corporation can result in judicial foreclosure of the stock of the shareholder/debtor, or “reverse piercing” of the corporate veil so that the corporation’s assets can be reached to satisfy the claim against the shareholder/debtor. Other types of business entities are not as exposed as the corporation, and can be subject to the protection of a charging order.. |
| Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. An unmistakable brand symbol linked to your offerings holds immense value. Spiegel & Utrera are here to cover you. |
| A popular COPE is the Family Limited Partnership (FLP), a Limited Partnership where family members hold most or all of the ownership interest in a Limited Partnership, as it is an important vehicle for Asset Protection and Estate Planning. The FLP can be formed so that a husband and wife are each General Partners that handle the day-to-day operations of the family business or perhaps by a husband and an older son. Furthermore, the FLP has limited partners that invest, perhaps only nominally, in the FLP. Typically, the husband, wife and children are the limited partners as well. |
| After forming the FLP, all family assets can be transferred into it, including investments and business interests. After the transfers, rather than such assets being owned individually by the husband and wife, etc., the husband and wife will own a controlling interest in a business entity that owns the assets. The family members that are General Partners will have complete management and control over the affairs of the partnership and can buy or sell any assets they wish on behalf of the FLP. Furthermore, as General Partners the family members can decide either to distribute the proceeds from the sale of the assets or to have the FLP keep such proceeds. |
 |
An important feature of the FLP is Asset Protection. If an individual is sued and the plaintiff gets a judgment against the defendant, the plaintiff/judgment creditor can seize everything owned by the defendant/debtor. |
| An entity can more effectively manage, license, and transfer IP assets. It ensures that the rights to these assets are clearly defined, making transactions and negotiations with third parties smoother. |
| If a husband and wife plan wisely and are partners in an FLP where they transferred all their former personal assets to the FLP, the only asset individually owned is the interest in the FLP. A creditor cannot reach into the FLP and seize the investments and bank accounts of the FLP. The creditor has no rights to any property held by the FLP. Since title to the assets is in the name of the FLP and it is an individual that is a partner rather than the partnership itself which is liable for the debt, the partnership assets may not be taken to satisfy the judgment.
A creditor may apply to a court for a charging order against an individual partner’s partnership interest. When this happens, in the event of an FLP distribution, instead of the money going to the individual partner, the money goes to the judgment creditor until the amount of the judgment is satisfied. Cash distributions paid to the partner/debtor could, therefore, be taken by the creditor. This doesn’t mean that the judgment creditor is a partner in FLP, it means the judgment creditor receives the right to any distributions paid to an individual partner/debtor. |
| Charging Order Protecting Entities — Business entities offer limited liability, protecting investors from business liabilities. However, creditors of LLC members or limited partners may theoretically force non-debtor partners into an involuntary partnership with the creditor. | |
| Many state legislatures prevent creditors from seizing partnership interests. Instead, they allow a charging order, limiting recovery to the partner’s right to distributions. This protection is found in Charging Order Protected Entities (COPE), such as Limited Partnerships (LP), Limited Liability Companies (LLC), Limited Liability Partnerships (LLP), Limited Liability Limited Partnerships (LLLP), and Series LLCs. |
| LLC’s and COPE’s —- careful drafting of the operating agreement or partnership agreement prohibits distributions to the debtor member of the LLC or partner of the partnership as well as forbids a debtor of a partner in a partnership or member of an LLC from becoming an unwanted member of the LLC or partner of the partnership |
| Avoid forming a single-member LLC, except in Nevada. Charging order protection aims to shield non-debtor members or partners from being forced into partnerships or LLCs with the debtor’s creditor. Due to legal uncertainty, it’s presumed that single-member LLCs likely lack charging order protection. | |
| Corporations are Not the Optimum Can somebody take advantage of Asset Protection with a corporation? The sad fact is they can’t. A judgment against a stockholder of a corporation can result in judicial foreclosure of the stock of the shareholder/debtor, or “reverse piercing” of the corporate veil so that the corporation’s assets can be reached to satisfy the claim against the shareholder/debtor. Other types of business entities are not as exposed as the corporation, and can be subject to the protection of a charging order.. |
| Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. An unmistakable brand symbol linked to your offerings holds immense value. Spiegel & Utrera are here to cover you. |
| A popular COPE is the Family Limited Partnership (FLP), a Limited Partnership where family members hold most or all of the ownership interest in a Limited Partnership, as it is an important vehicle for Asset Protection and Estate Planning. The FLP can be formed so that a husband and wife are each General Partners that handle the day-to-day operations of the family business or perhaps by a husband and an older son. Furthermore, the FLP has limited partners that invest, perhaps only nominally, in the FLP. Typically, the husband, wife and children are the limited partners as well. |
| After forming the FLP, all family assets can be transferred into it, including investments and business interests. After the transfers, rather than such assets being owned individually by the husband and wife, etc., the husband and wife will own a controlling interest in a business entity that owns the assets. The family members that are General Partners will have complete management and control over the affairs of the partnership and can buy or sell any assets they wish on behalf of the FLP. Furthermore, as General Partners the family members can decide either to distribute the proceeds from the sale of the assets or to have the FLP keep such proceeds. |
|
An important feature of the FLP is Asset Protection. If an individual is sued and the plaintiff gets a judgment against the defendant, the plaintiff/judgment creditor can seize everything owned by the defendant/debtor. |
| An entity can more effectively manage, license, and transfer IP assets. It ensures that the rights to these assets are clearly defined, making transactions and negotiations with third parties smoother. |
| If a husband and wife plan wisely and are partners in an FLP where they transferred all their former personal assets to the FLP, the only asset individually owned is the interest in the FLP. A creditor cannot reach into the FLP and seize the investments and bank accounts of the FLP. The creditor has no rights to any property held by the FLP. Since title to the assets is in the name of the FLP and it is an individual that is a partner rather than the partnership itself which is liable for the debt, the partnership assets may not be taken to satisfy the judgment.
A creditor may apply to a court for a charging order against an individual partner’s partnership interest. When this happens, in the event of an FLP distribution, instead of the money going to the individual partner, the money goes to the judgment creditor until the amount of the judgment is satisfied. Cash distributions paid to the partner/debtor could, therefore, be taken by the creditor. This doesn’t mean that the judgment creditor is a partner in FLP, it means the judgment creditor receives the right to any distributions paid to an individual partner/debtor. |
ESSENTIALS
Includes preliminary name search, filing fees, attorney’s fees, corporate resolutions, corporate seal and book, corporate minutes, bylaws, IRS documentation, and stock certificates where applicable.
|
From $185.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
A Subchapter S Corporation, or S Corp, is a special type of corporation in the United States that elects to pass corporate income, losses, deductions, and credits through to its shareholders for federal tax purposes. This election avoids the double taxation associated with regular corporations. S Corps have limited liability protection like traditional corporations but offer the tax benefits of pass-through entities, making them popular for small businesses. – file now! |
 FL |
 NY |
 CA |
 NJ |
 IL |
 NV |
 DE |
The Limited Liability Company (LLC) is a versatile business structure offering flexibility in taxation and limited liability protection for its members, known as “Members.”
|
From $118.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
| Depending on the number of owners and their election, an LLC may be taxed as a partnership, corporation (for multiple Members), or a sole proprietorship (for a single Member). This structure ensures that all Members enjoy limited liability for the company’s debts and claims, akin to shareholders in an S corporation, shielding them from personal liability. With the ability to accommodate various ownership structures, diverse capital contributions, and operational flexibility, LLCs stand as a powerful choice for entrepreneurs seeking a balance of liability protection and operational freedom. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
The Dual Class LLC is a specialized form that aligns with proposed IRS regulations, allowing it to be treated akin to a limited partnership for Federal Income Tax purposes. It features both active management-providing members (General Members) and more passive capital-contributing members (Limited Members).
|
From $185.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
| Establishing a Dual Class LLC requires a tailored Operating Agreement, distinguishing Class A for active management with a priority return tied to profitability, and Class B for capital-contributing limited members receiving a cumulative preferred return. In a one-member Dual Class LLC, potential Self-Employment (SE) tax savings are significant. For multi-member LLCs, SE tax savings vary based on individual participation, potentially reaching up to 100%. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
A Limited Partnership (LP) involves partners sharing profits and losses, with general partners overseeing operations and limited partners investing capital without extended liability.
|
From $530.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
| Enjoying flow-through tax treatment under Subchapter K of the Internal Revenue Code, Limited Partnerships are exempt from direct taxation, ensuring income is taxed only once. Limited partners generally escape liability for general obligations, and actions can be taken without control participation. Establishing an LP requires crafting a tailored Limited Partnership Agreement, compliant with Florida law. Qualified attorneys oversee the process to meet all requirements, providing a secure foundation for your Limited Partnership. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
An LLP provides professionals with personal liability protection while maintaining the flexibility and tax advantages associated with a partnership structure.
|
From $134.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
| A Limited Liability Partnership (LLP) is a business structure that combines elements of partnerships and corporations, providing partners with limited personal liability for the firm’s debts and liabilities. This structure is crucial for professionals like lawyers and accountants, as it shields individual partners from the malpractice or negligence of their colleagues. In an LLP, each partner’s liability is limited to their own actions, offering a level of personal asset protection not found in traditional partnerships. This feature makes LLPs vital for professionals seeking to mitigate personal risk while collaborating in a business venture. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
Particularly valuable for professionals and investors seeking enhanced liability protection while preserving the advantages of a partnership, such as pass-through taxation and operational flexibility.
|
From $134.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
| A Limited Liability Limited Partnership (LLLP) is a business structure that combines the features of a limited partnership with the added benefit of limited liability for all partners. Similar to a Limited Liability Partnership (LLP), an LLLP offers personal asset protection, shielding partners from the business’s debts and obligations. A unique business entity that combines the features of a limited partnership with the additional advantage of limited liability for all partners involved. Much like a Limited Liability Partnership (LLP), an LLLP safeguards individual partners from the business’s debts and obligations, offering a crucial layer of personal asset protection. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
A specialized business structure tailored for family-owned enterprises, combining the characteristics of a limited partnership.
|
From $530.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
| In an FLP, family members act as both general and limited partners, enjoying the benefits of centralized family control and strategic wealth management. This structure allows for the seamless transfer of assets between generations, fostering estate planning and minimizing estate tax implications. The significance of an FLP lies in its ability to facilitate family wealth preservation, provide asset protection, and serve as an effective tool for estate planning strategies. This makes the Family Limited Partnership a valuable option for families aiming to sustain and transfer their wealth across successive generations. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
Includes preliminary name search, filing fees, attorney’s fees, corporate resolutions, corporate seal and book, corporate minutes, bylaws, IRS documentation, and stock certificates where applicable.
|
From $185.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
A Subchapter S Corporation, or S Corp, is a special type of corporation in the United States that elects to pass corporate income, losses, deductions, and credits through to its shareholders for federal tax purposes. This election avoids the double taxation associated with regular corporations. S Corps have limited liability protection like traditional corporations but offer the tax benefits of pass-through entities, making them popular for small businesses. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
The Limited Liability Company (LLC) is a versatile business structure offering flexibility in taxation and limited liability protection for its members, known as “Members.”
|
From $118.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
Depending on the number of owners and their election, an LLC may be taxed as a partnership, corporation (for multiple Members), or a sole proprietorship (for a single Member). This structure ensures that all Members enjoy limited liability for the company’s debts and claims, akin to shareholders in an S corporation, shielding them from personal liability. With the ability to accommodate various ownership structures, diverse capital contributions, and operational flexibility, LLCs stand as a powerful choice for entrepreneurs seeking a balance of liability protection and operational freedom. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
The Dual Class LLC is a specialized form that aligns with proposed IRS regulations, allowing it to be treated akin to a limited partnership for Federal Income Tax purposes. It features both active management-providing members (General Members) and more passive capital-contributing members (Limited Members).
|
From $185.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
Establishing a Dual Class LLC requires a tailored Operating Agreement, distinguishing Class A for active management with a priority return tied to profitability, and Class B for capital-contributing limited members receiving a cumulative preferred return. In a one-member Dual Class LLC, potential Self-Employment (SE) tax savings are significant. For multi-member LLCs, SE tax savings vary based on individual participation, potentially reaching up to 100%. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
A Limited Partnership (LP) involves partners sharing profits and losses, with general partners overseeing operations and limited partners investing capital without extended liability.
|
From $530.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
Enjoying flow-through tax treatment under Subchapter K of the Internal Revenue Code, Limited Partnerships are exempt from direct taxation, ensuring income is taxed only once. Limited partners generally escape liability for general obligations, and actions can be taken without control participation. Establishing an LP requires crafting a tailored Limited Partnership Agreement, compliant with Florida law. Qualified attorneys oversee the process to meet all requirements, providing a secure foundation for your Limited Partnership. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
An LLP provides professionals with personal liability protection while maintaining the flexibility and tax advantages associated with a partnership structure.
|
From $134.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
A Limited Liability Partnership (LLP) is a business structure that combines elements of partnerships and corporations, providing partners with limited personal liability for the firm’s debts and liabilities. This structure is crucial for professionals like lawyers and accountants, as it shields individual partners from the malpractice or negligence of their colleagues. In an LLP, each partner’s liability is limited to their own actions, offering a level of personal asset protection not found in traditional partnerships. This feature makes LLPs vital for professionals seeking to mitigate personal risk while collaborating in a business venture. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
Particularly valuable for professionals and investors seeking enhanced liability protection while preserving the advantages of a partnership, such as pass-through taxation and operational flexibility.
|
From $134.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
A Limited Liability Limited Partnership (LLLP) is a business structure that combines the features of a limited partnership with the added benefit of limited liability for all partners. Similar to a Limited Liability Partnership (LLP), an LLLP offers personal asset protection, shielding partners from the business’s debts and obligations. A unique business entity that combines the features of a limited partnership with the additional advantage of limited liability for all partners involved. Much like a Limited Liability Partnership (LLP), an LLLP safeguards individual partners from the business’s debts and obligations, offering a crucial layer of personal asset protection. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
A specialized business structure tailored for family-owned enterprises, combining the characteristics of a limited partnership.
|
From $530.95 OUR GOAL — YOUR Complete Satisfaction and Protection |
In an FLP, family members act as both general and limited partners, enjoying the benefits of centralized family control and strategic wealth management. This structure allows for the seamless transfer of assets between generations, fostering estate planning and minimizing estate tax implications. The significance of an FLP lies in its ability to facilitate family wealth preservation, provide asset protection, and serve as an effective tool for estate planning strategies. This makes the Family Limited Partnership a valuable option for families aiming to sustain and transfer their wealth across successive generations. – file now! |
FL |
NY |
CA |
NJ |
IL |
NV |
DE |
CARE&SUCCESSION—THE PRESENT
—THE FUTURE—STRATEGIC—RESPONSIBILITIES —ORDERLY
Critical Components: health care directives and succession planning. Advanced Health Care Directives enable individuals to express medical preferences and designate representatives for decision-making during incapacity. Simultaneously, succession planning orchestrates asset transfer through wills, trusts (including FLPs and LLCs), power of attorney, living wills, and tax planning. This ensures individuals manage a seamless transition of their legacy to successive generations.
“Legal planning shapes care and succession, a meticulous artistry weaving compassion and continuity. Documents echo a tale of preparation, where care and legacy converge in life’s canvas.”
Key Instruments:
- Wills and Testaments: Outline asset distribution and appoint guardianship.
- Trusts (e.g., FLPs, LLCs): Manage and transfer family wealth.
- Power of Attorney: Grant authority for financial and legal matters.
- Living Wills: Provide guidance on end-of-life care preferences.
- Tax Planning Strategies: Minimize tax implications for heirs.
Contract Consulting
Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an ….read more
GCC & RA
Our firm has what we call the “General Counsel Club”. Select this valuable service at the time of ordering your Trademark or Servicemark ….read more
TM Receipt*
Trademark or Servicemark Packages generally weigh approximately 2 pounds and are available for Pick up at our office or may be….read more
|
— ARE THEY your strategic game changer?
|
24hr – filing More Services |
| Learn more! |
|
$767.95 |
More Services |
|
$167.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
24hr – filing More Services</> |
|
An Advanced Health Care Directive, often referred to as a Living Will, Designation of Healthcare Surrogate, Designation of Pre Need Guardian, Proxy Directive, or Power of Attorney for Health Care Decisions (terminology varies by state), is a legal document in which an individual outlines their preferences for healthcare decisions in the event they are unable to communicate. Read more! |
|
— ARE THEY your strategic game changer?
|
24hr – filing More Services |
| Learn more! |
|
$767.95 |
More Services |
|
With the transfer of the property, the property’s value and all future appreciation are thereby removed from the annuitant’s taxable estate and owned by the obligor (usually in a trust). The private annuity effectively takes possession of the property. If a private annuity trust is used for the purpose of bequeathing assets, the beneficiaries will receive annuity payments as directed. Assets obtained through inheritance are not taxable. The benefit in this scenario could be the sale of assets to the trust for simplifying an inheritance plan, leaving the trustee to manage operational payouts to the beneficiary or beneficiaries. |
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$167.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
24hr – filing More Services</> |
|
An Advanced Health Care Directive, often referred to as a Living Will, Designation of Healthcare Surrogate, Designation of Pre Need Guardian, Proxy Directive, or Power of Attorney for Health Care Decisions (terminology varies by state), is a legal document in which an individual outlines their preferences for healthcare decisions in the event they are unable to communicate. Read more! |
|
The interplay between state and federal intellectual property (IP) laws in the United States is a complex and multifaceted legal landscape, particularly when it comes to trademark, servicemark, trade dress, and copyright protections. These areas of IP law involve a delicate balance between federal and state regulations, each serving distinct yet interconnected roles |
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The federal government, through the United States Patent and Trademark Office (USPTO), grants trademark, servicemark, and copyright registrations. Federal registration provides broad protection and exclusive rights to use a mark nationwide. Once registered, the mark holder can enforce their rights in federal courts. |
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Copyright law is exclusively governed by federal statutes. Registration with the U.S. Copyright Office is not required for copyright protection, but it offers several advantages, including the ability to sue for statutory damages and attorney’s fees in federal court. Federal copyright law covers a wide range of creative works, from literary and artistic creations to software and architectural designs. |
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While states don’t grant copyright protection, they may handle various copyright-related matters. For instance, if there’s a dispute over a copyright contract or an infringement case involving a state entity, these issues might be litigated in state courts. Additionally, some states may have specific copyright laws related to certain types of works, like state-produced materials. |
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Some states offer their own trademark registration systems, often referred to as “state trademarks” or “servicemarks.” While these registrations confer limited geographical protection within the state, they can be valuable for businesses primarily operating locally. However, state trademark rights are generally subordinate to federal trademark rights. |
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Some businesses, particularly small or local ones, may opt for state trademark registration. This process typically provides protection limited to the state in which it’s registered. For instance, if a bakery in New York registers its logo as a state trademark, it can protect its rights only within New York’s borders. However, this state-level protection can be valuable for businesses that operate primarily within a specific geographic area. |
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A servicemark, like a trademark, is indeed used to identify and distinguish the source of services rather than physical goods. Servicemarks protect names, logos, or other identifiers associated with services, helping consumers identify the source of those services. The primary difference between trademarks and servicemarks is the type of offering they protect—trademarks are for goods, while servicemarks are for services. The protection and registration process for both, whether at the federal or state level, operate on similar principles of preventing confusion and protecting the brand’s identity in the context of commerce. |
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Servicemark owners have the legal right to enforce their marks by taking legal action against unauthorized use or infringement. This enforcement can include seeking damages, injunctive relief, or other remedies to protect the servicemark’s integrity. |
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Life&Legacy
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SPIEGEL & UTRERA, P.A.
LAWYERS |
We're here for you
through & through
WHAT WE’RE ABOUT
Our goal is to provide each of our clients with as much information as possible about Asset Protection, Succession Planning, Intellectual Property, Trademark and Servicemark registration. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
|
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
ORDER TODAY
PAY-LATER
Individual Living Trust(s)
$499.95
An individual living trust is a legal arrangement where an individual (grantor) places their assets into a trust during their lifetime, managed by a trustee, for the benefit of themselves and designated beneficiaries. The trust provides a framework for managing and distributing assets, avoiding probate, and ensuring privacy.
| An Individual Living Trust offers probate avoidance, control, and privacy in asset distribution during and after one’s lifetime, providing flexibility, ease of administration, and protection from creditors. |
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*Did you know there’s a way to shield all of your assets from creditors?
Considering an Individual Living Trust?
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MONTHLY
CIRCULARS
Living trusts, prized for probate avoidance and streamlined asset distribution, see increasing popularity as individuals seek alternatives to conventional wills. Recognizing the advantages of heightened control, flexibility, and privacy in estate management, people are drawn to these trusts. Stay informed for optimal estate planning. |
ORDER TODAY
PAY-LATER
Last Will & Testament
$467.95
Delineates the beneficiaries who will inherit specific assets but also allows the testator to appoint a trusted executor, known as the Personal Representative, responsible for overseeing the execution of the will.
| The impact of a Last Will & Testament extends beyond the realm of material possessions; it stands as a lasting testament to an individual’s legacy and the values they hold dear. By taking the proactive step of formulating a comprehensive will, individuals can contribute to the efficient and respectful transfer of their estate, fostering peace of mind for themselves and their loved ones. The absence of a valid will may result in complications, potential disputes, and the imposition of default legal procedures, underscoring the significance of this foundational document in the broader context of estate planning. |
—One of our associates will contact you shortly
*Did you know there’s a way to shield all of your assets from creditors?
Your Last Will & Testament
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MONTHLY
CIRCULARS
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Living trusts, prized for probate avoidance and streamlined asset distribution, see increasing popularity as individuals seek alternatives to conventional wills. Recognizing the advantages of heightened control, flexibility, and privacy in estate management, people are drawn to these trusts. Stay informed for optimal estate planning. |
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SPIEGEL & UTRERA, P.A.
LAWYERS |
We're here for you
through & through
WHAT WE’RE ABOUT
Our goal is to provide each of our clients with as much information as possible about Asset Protection, Succession Planning, Intellectual Property, Trademark and Servicemark registration. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
|
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
|
SPIEGEL & UTRERA, P.A.
LAWYERS |
We're here for you
through & through
Our goal is to provide each of our clients with as much information as possible about Intellectual Property, Trademark and Servicemark registration. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Probate.
- Testate Probate: In testate probate, the decedent has a Last Will & Testament that provides clear guidance on the distribution of assets and the appointment of an executor. The probate court follows the instructions laid out in the will to settle the estate.
- Intestate Probate: Intestate probate occurs when the decedent did not leave a Last Will & Testament. In such cases, the probate process follows a statutory formula to distribute assets among heirs, and an administrator is appointed by the court to oversee the process.
- Guided Distribution: Testate probate allows for a guided and structured distribution of assets based on the decedent’s explicit wishes, as outlined in their will.
- Statutory Formula: Intestate probate relies on a predetermined legal formula to distribute assets among heirs, often based on familial relationships and state laws.
- Executor Appointment: In testate probate, the decedent appoints an executor in their will to oversee the probate process. Intestate probate involves the court appointing an administrator.
- Clear Guidance vs. Legal Formula: Testate probate benefits from the clarity provided by the decedent’s expressed wishes, while intestate probate relies on legal rules to determine asset distribution.
- Legal Assistance: Regardless of testate or intestate probate, legal assistance from professionals like Spiegel & Utrera, P.A. ensures a smoother process during the administration of the estate.
Additional Services
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State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
1 Asset Protection2 Trusts3 Wills4 Succession5 Entity Formation6 Annuities7 Legacy
FullSpectrum Coverage:
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Don’t be caught unaware. Business is about the details. The minute. We protect your ideas, and products, at scale. From design to function. We have you covered.
PLANNING
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Business
Trusts & Wills
Succession
Business Protection
Trusts & Wills
Care & Succession
1. Submit
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2. Verify
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5. Confirm
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CALIFORNIA
COMMON INQUIRIES
Our goal is to provide each of our clients with as much information as possible about California Trademark and Servicemark registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of California Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
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State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
What is a California Trademark?
What is a California Servicemark?
Why Get a California Trademark or Servicemark?
Why Get a California Trademark or Servicemark?
- A name or logo in many cases overtime becomes a company’ s most valuable asset.
- Registering a California Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
- A registered California Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
- A registered California Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
- A registered California Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.
What is First Use?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Can I register my domain?
What are the requirements?
- The mark must be filed under the owner’s name. The owner must provide the goods or services under the California Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity must be specified.
- A description of the products or the advertising or promotional materials the mark has been placed upon.
- A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.
How Long Will My California Trademark or Servicemark Registration Take to Complete?
What Happens if the California Trademark or Servicemark Owner Changes or Their Name Changes?
How Do I Inform Others of My Registration?
Protect Your Valuable Intellectual Property
Having a California Trademark or Servicemark is all about protection of your valuable intellectual property
Picking a Name: Types of Trademarks or Servicemarks
Strong v. Weak Marks
General Counsel Club
COMMON INQUIRIES
Our firm has what we call the “General Counsel Club”. Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting; our firm will comply with all statutes and applicable laws relating to your business’s Registered Agent & Registered Office; our firm will review all mandatory State filing documents as required by the Secretary of State; our firm will act as your business’ General Counsel; you will receive our firm’s newsletter, “Entrepreneur’s Alert®”, which is published six times a year and provides valuable insight into running your business from a legal and business point of view.
Additional Services
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Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
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State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
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Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
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TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
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Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
Contract Consulting
GENERALLY
Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. Some of the topics you may wish to discuss include:
Real Estate Purchase Reviews: Review of purchase/sale agreements associated with the purchase of real property.
Business Purchase Review: Review of purchase/sale agreements associated with the purchase or sale of a business.
Commercial Lease Reviews: (including Business Spaces such as: Offices, Stores, Warehouses, and Commercial Lofts)
Our staff has many years of experience representing Tenants. Having your lease reviewed BEFORE you sign on the dotted line can save you thousands of dollars.
In our review we address issues such as:
- Rentable vs. Usable Space
- Reasonable Rental Rates
- Free Rent
- Best Length of Lease
- Leasing contiguous space for expansion
- Assignment and Subletting
- Caps on Rent increases and expenses demanded by Landlords
- Repair Responsibilities
- Exclusivity of Tenant’s Business
- Early Termination Rights
- Personal Guarantees, should you or should you not
- Renewal Terms
- Zoning Issues
- Landlord build out costs
- Change of Control of Tenant
- Signage Protection
Additional Services
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General Counsel Club
Search & Attorney Opinion $100.00 Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting |
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Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
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State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
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Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
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TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Trademark Receipt
GENERALLY
SHIPPING INFORMATION
Trademark or Servicemark Packages generally weigh approximately 2 pounds and are available for Pick up at our office or may be shipped to you via Ground (2-3 business day) Service for a charge of $17.95 or via Overnight Delivery for a charge of $30.95. Please note, shipping and handling charges may vary.
SPEED OF SERVICE OPTIONS
NEXT BUSINESS DAY SERVICE
If you need your Trademark or Servicemark urgently, for an additional $150, we will expedite the preparation of Trademark and Servicemark registration documents and the Trademark and Servicemark registration documents will be ready the next business day, after receipt of payment.
3 BUSINESS DAY SERVICE
If you need to register your Trademark or Servicemark fast, we offer a 3 Business Day Service for an additional $75. We will expedite the preparation of the Trademark and Servicemark registration documents and they will be ready in 3 business days, after receipt of payment.
REGULAR SERVICE
The regular processing time for Trademark or Servicemark document preparation is approximately two weeks.
Orders received after 3:30 pm will be processed the following business day.
Additional Services
|
General Counsel Club
Search & Attorney Opinion $100.00 Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting |
|
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
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Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
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State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
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Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
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TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Federal Copyright Registration
GENERALLY
What is a Federal Copyright? ©
A Federal Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works. Federal copyright protection starts from the time an original work is created in fixed form. The federal copyright in the work becomes the property of the author who created the work. Generally, only the author can rightfully claim federal copyright.
However, there is an exception for Works Made for Hire, because it is the employer and not the employee is considered to be the author. A work made for hire is a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned for use as:
- A contribution to a collective work
- A part of a motion picture or other audiovisual work
- A translation
- A supplementary work
- A compilation
- An instructional text
- A test
- Answer material for a test
- An atlas
Generally, if there is more than one author the authors of the are co-owners of the federal copyright in the work, unless there is an agreement to the contrary.
Just like with articles in a magazine, federal copyright in each separate contribution to a periodical or other collective work is distinct from federal copyright in the collective work as a whole and vests initially with the author of the contribution, (i.e., each author owns their own magazine article).
- This protection is available for both published and unpublished works. The 1976 Copyright Act generally gives the owner of the federal copyright the exclusive right to do and to authorize other to do the following:
- To reproduce the copyrighted work in copies or phono records
- To prepare derivative works based upon the copyrighted work
- To distribute copies or phono records of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending
- To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic or sculptural works, including the individual images of a motion picture or other audiovisual work.
- In the case of sound recordings, to perform the work publicly by means of a digital audio transmission
Ultimately, federal copyright registration protects the owner/creator from other taking credit for and reaping profits from their achievements.
Who May Register A Federal Copyright?
The author of a work, a person or entity that has obtained ownership of some or all of the rights of the author, such as a transferee, employer or heir of a decedent author or an agent of one the preceding persons or entities.
What About Entity Ownership of a Copyright for Asset Protection?
It is permitted, if not desirable. An individual creator and owner of intellectual property such as copyrighted material may want to form a company to manufacture, promote and sell goods in connection with the intellectual property, but the intellectual property is transferred to be owned by its own, separate and independent business entity that leases or grants rights to the company that is doing the manufacturing, promoting and selling. That way, the intellectual property cannot be jeopardized by the liabilities associated with the business operations of the manufacturing and sales entity. Thus, for asset protection purposes, you may want a corporation, limited liability company, or revocable or irrevocable trust to be the author or owner of a copyrighted work.
Why Get a Federal Copyright?
There are many reasons why you should copyright. One is because you wish to have the federal copyright in the public record and because before an infringement suit may be filed in court, registration is necessary for works originating in the U.S. Also, your copyrighted and registered material may be eligible for statutory damages and attorney’s fees during litigation. If you register a work within the first five years of publication, that registration in and of itself is enough evidence to prove your ownership of the work. If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the federal copyright owner in court actions. Otherwise, only an award of actual damages and profits is available. Registration lets the owner of the federal copyright record the registration with the U. S. Customs Service for protection against the importation of infringing copies. Copyrighted material may also lead to additional cash flow for you in the form of royalties on your works. Once you have applied for a federal copyright you may place the federal copyright symbol “©” in the material you’ve copyrighted. This shows everyone that the material is copyrighted and that it is protected under government law.
What Works are Protected by a Federal Copyright?
Federal copyright law protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural work
What Is Not Protected by Federal Copyright?
Several types of material are generally not eligible for federal copyright protection. These include:
- Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
- Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources).
How Long Does the Federal Copyright Last?
A federal copyright lasts for an initial term of 28 years from the date it was secured, then there’s a renewal term of 67 years for a total term of protection of 95 years.
How Do I Transfer My Federal Copyright?
All or part of the federal copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights (i.e., the person to whom it is being transferred gets all of the rights) is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis (i.e., the person to whom it is being transferred may have to share rights with others) does not require a written agreement, but it’s always a good idea to do so to forestall disputes.
A federal copyright may also be conveyed by operation of law, such as by will or by intestate succession to the heirs by state law in the absence of a will.
Transfers of federal copyright are normally made by contract. The law does provide for the recordation of transfers of federal copyright ownership with the U.S. Government. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties. A federal copyright owner can terminate a transfer after 35 years under certain conditions by serving written notice on the transferee within certain time limits.
What is the Public Domain?
Works that are not protected by federal copyright are in the public domain. Usually it is because the maximum federal copyright duration has lapsed, for example, all works first published in the United States prior to 1923 are in the public domain in the United States, as are works published between 1923 and 1963 on which federal copyright registrations were not renewed. Also, generic information, such as facts, numbers and ideas, works where the federal copyright holder failed to renew a registration (for a work created before 1978), works created prior to March 1989 that failed to include a proper notice of federal copyright, works created by the U.S. Government and donated to the public domain.
What is Fair Use?
Fair use is the concept that certain types of use of federal copyright protected works do not require the federal copyright holder’s authorization because the use is minimal enough that it does not interfere with the federal copyright holder’s exclusive rights to reproduce and otherwise reuse the work.
Fair use is primarily designed to allow the use of the federal copyright protected work for commentary, parody, news reporting, research and education. However, fair use is not an exception to federal copyright compliance so much as it is a “legal defense.” That is, if you use a federal copyright protected work and the federal copyright owner claims federal copyright infringement, you may be able to assert a defense of fair use, which you would then have to prove it in court.
Federal law describes four factors to determine when content usage may be considered “fair use”:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit, educational purposes;
- The nature of the copyrighted work; i.e., whether it is of a factual nature or of a creative nature;
- The amount and substantiality of the portion used in relation to the federal copyright protected work as a whole; and
- The effect of the use on the potential market for or value of the federal copyright protected work; i.e., whether the use is in competition with the federal copyright holder or could be in competition.
Photocopying in a business environment probably would not be considered fair use because it typically involves licensing by the federal copyright owner. On the other hand, a parody might be considered fair use and a federal copyright owner usually wouldn’t denigrate their property.
Examples of Fair Use include:
- Quotation of short passages in a scholarly or technical work for illustration or clarification of the author’s observations;
- Quotation of excerpts in a review or criticism for purposes of illustration or comment;
- Reproduction of material for classroom use where the reproduction was unexpected and spontaneous–for example, where an article in the morning’s paper is directly relevant to that day’s class topic.
- Use in a parody of short portions of the work itself; and
- A summary of an address or article, which may include quotations of short passages of the copyrighted work.
What is the First Sale Doctrine? Top of Page
The buying a tangible, copyrighted good, such as a book or a CD, is not the same as owning the intangible intellectual property and the copyright to the work embodied in that good, so that reproducing the material, publicly displaying or performing it, or otherwise engaging in any of the acts reserved for the federal copyright holder, because the transfer of the physical good does not include transfer of the federal copyright rights to it.
What are Trade Secrets? How Do I Protect Them?
Trade Secrets are information, such as a formula, pattern, compilation, program device, method, technique, or process, that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. You protect your trade secrets by not disclosing them. You will want to federal copyright materials that contain trade secrets. The way to keep them secret is by insuring that your federal copyright registration does not require full disclosure, or that there is only partial disclosure. Here are the categories of items that do not require full disclosure, or that require partial disclosure. Click Here If your copyrighted work contains trade secrets or confidential information and isn’t exempted from public disclosure, you may petition for relief.
Also, you will want to make sure potential competitor, such as manufacturers of your item or employees, sign a non-disclosure, non-circumvention and confidentiality agreement and a non-competition agreement.
What is Federal Copyright Infringement?
A federal copyright is infringed when another person or entity reproduces the work of the owner of the copyrighted material without the owner’s permission. There is no set standard regarding how much of a work can be taken without constituting copyright infringement. However, with a registered federal copyright the owner of the registration has a substantial advantage should a legal situation arise surrounding the copyrighted material.
Additional Services
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General Counsel Club
Search & Attorney Opinion $100.00 Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting |
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Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
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Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
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State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
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Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
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TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Statement or Allegation of Use Extension
GENERALLY
In order to maintain your trademark or servicemark, you must file a sworn statement that the Mark is in commerce or that the there are special circumstances that constitute non-use and not abandonment of the Mark. The owner of the registration must file the sworn statement the end of the sixth year (72 months) after the date of registration of the Mark and at the end of each successive ten year period (120 months) after the date of registration. The sworn statement may be filed one year prior to the filing due date or during a six month grace period immediately after the filing due date. Spiegel & Utrera, P.A. will prepare and file the Statement of Use for $249.95 plus U.S. Government filing fee. Spiegel & Utrera, P.A. will prepare and file the Statement of Use Extension for $100 plus U.S. Government filing fee.
What Is Intent to Use?
It means you are reserving your Federal Trademark or Servicemark before you have actually used it in commerce. Before registration, you must use the Mark in commerce and file a sworn statement attesting to such use in commerce. At the same time as the Statement of Use, a specimen showing the Mark in actual use is submitted.
Why Have Spiegel & Utrera, P.A. Assist in Securing A Federal Trademark or Federal Servicemark?
The price is right, but the main reason is that intellectual property is a specialized field where an experienced attorney from Spiegel & Utrera, P.A. can assist you in avoiding Federal Trademark and Federal Servicemark registration pitfalls. Filing a Federal Trademark or Federal Servicemark yourself or using a document preparation service may look cheaper, but in the long run you may very well end up with needless delays and added costs. Although Spiegel & Utrera, P.A.’s filing of your Federal Trademark or Federal Servicemark application does not include representation if the application is rejected or requires amendment, if legal issues do arise, Spiegel & Utrera, P.A. stands ready to represent you in completing the registration process.
Additional Services
|
General Counsel Club
Search & Attorney Opinion $100.00 Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting |
|
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
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Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
|
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
|
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
|
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Trademark or Servicemark Common Law
SEARCH & ATTORNEY OPINION
A search must be in full. Looking only at U.S. and State Trademark registers is not enough. Trademark rights in the United States arise from use, not registration, and the owner of an unregistered Trademark may be able to enjoin your company’s use. A proper, full common law Trademark search therefore includes trade directories, business name lists, and information databases.
If the search is favorable, the entrepreneur can apply for registration on the principal register for Federal Trademarks with either an intent-to-use application, which requires subsequent filing of proof of actual use, or an actual-use application if the Mark has already been used in interstate commerce.
Additional Services
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Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
|
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
|
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
|
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
|
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
120mo Declaration of Continued Use
FEDERAL TRADEMARK OR SERVICEMARK
120 Month Declaration of Continued Use or Excusable Nonuse
In order to maintain your trademark or servicemark, you must file a sworn statement that the Mark is in commerce or that the there are special circumstances that constitute non-use and not abandonment of the Mark. The owner of the registration must file the sworn statement the end of the sixth year (72 months) after the date of registration of the Mark and at the end of each successive ten year period (120 months) after the date of registration. The sworn statement may be filed one year prior to the filing due date or during a six month grace period immediately after the filing due date. Spiegel & Utrera, P.A. will prepare and file the Statement of Use for $349.95 plus U.S. Government filing fee. Spiegel & Utrera, P.A. will prepare and file the Statement of Use Extension for $100 plus U.S. Government filing fee.
Additional Services
|
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
|
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
|
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
|
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
|
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |