Will a registered trademark be listed as an asset in an estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will a registered trademark be listed as an asset in an estate?

My Dad recently passed away without a will, and he probably has more debt than
assets. He had a business that has a trademark registered by him as the owner.
Will we have to give up the trademark to the estate’s debtors?

Thanks,… Brad

Asked on June 14, 2018 under Estate Planning, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Intangible property, like trademarks, copyrights, patents, or a right to receive money (e.g. accounts receivable) are all property, just like physical property (e.g. a house, a car, artwork) or cash (whether in a bank or under a mattress). Therefore, it is an asset of the estate, is something that could be reached by creditors, and if not used to pay creditors, is something will go to the estate's heir(s). Just like you can buy or sell a trademark, you can inherit it--or be forced to turn it over to or sell it for creditors (or to pay bills).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption