Can a trust own patents, ideas, trademarks?

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Can a trust own patents, ideas, trademarks?

If so, can they be sold by the executor and would that money be taxed?

Asked on July 2, 2012 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it can.  Basically any "property" that you own - a car, a house and intellectual property - can be placed in to a trust.  The trustee - not necessarily the executor (that is the term for the fiduciary named in a Will) - can indeed sell the proeprty as need be but the issue of taxation is way too complicated for this forum.  The trust can defer the tax, the beneficiary can instead be taxed, etc. It really depends. I would seek help from a qualified accountant for those answers.  Good luck.


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