QUESTION
Could they possibly get a court order granting them the patents?
Asked on Nov 24th, 2010 on Patents - New York
More details to this question:
The court is ruling that I am an omitted spouse and entitled to distribution of the estate along with his two kids so that is 1/3 of the estate which my late is 51% owner of an LLC company that they want to sell. My husband also has grape patents. My lawyer is now trying to get me to sign away my 3rd of the estate because they said they want to settle, but I think that means I am now the owner of the patents, and without the patent they sell the company. I want to keep the patents, but I do not know much about the company all I know is that it is worldwide. What should I do?
2 ANSWERS
Call both a patent attorney AND a family law attorney.
Answered on Nov 29th, 2010 at 6:13 PM
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This is really a question dealing with a question of inheritance. The individual asking the question should consult with her attorney on the inheritance question. If the patents are held by the estate because the decedent held them personally, they are personal property and would be treated like any other item of personal property. I would expect that the probate court could make a ruling on their disposition, but this is not an area where I work and counsel that specializes in such matters should be consulted.
I hope this is helpful
Answered on Nov 29th, 2010 at 4:28 PM