Questions and Professional Answers

• Valid Assignment??

  If there is no provision in a person’s will for an assignment of any interest in possible estate inheritance as heir, can a personal representative named in the will for the estate claim, or make, such an assignment of interest? My aunt’s will has four beneficiaries who will share percentages of her estate. She had not made any assignment of the future interest in her parent’s estates as an heir in her will.Can the personal representative alter the provisions of her will after she has died by making such a assignment during the probate of her estate?

  • Re: Valid Assignment??

    The assignment is governed by provisions in her will AND by provisions in the will or trust from which she inherited. An attorney would need to review all relavant documents to render an opinion.

    Alicia Santana Torres
    Santana Torres Law Offices, PL
    150 SE 2 Avenue
    Miami, FL 33131

• ownership of debt c/o virtual

  what is best defense against debt ''assignment?'' CA claims to be owner of debt by ''virtual assignment.'' Is ''assignment'' a purchase agreement, contractual purchase, represent creditor directly? Does a NJ ''hearsay'' rule of evidence apply to direct ownership of debt?Does ''assignment'' indicate first hand knowledge of a debt? Is assignment of debt legal grounds to sue for collection? Does the assignee have to provide original creditor contract to validate debt during discovery?

  • Re: ownership of debt c/o virtual

    It sounds like you need an attorney. There is way too much to tell you here and its not easy to go up against a CA by yourself. The simple answer is yes, they can sell your debt to anyone since the terms of the contract have not changed. You still owe money. The only thing that is different is who you owe the money to.My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

    Jef Henninger, Esq
    Jack Venturi & Associates
    73 Paterson Street
    New Brunswick, NJ 08901

• Assignment of Rents

  Our old commercial landlord (OL) sold the building to the new landlord (NL) on November 8th, and instructed us that effective December 1st to pay future rents to NL. On 11/15 NL filed a Complaint in LT court for non-payment of November rent. Went to court and NL at the time of court presented an assignment of rent from OL for November, Judge ruled in their favor. We are in the process of appealing the matter because there was no Assignment of the Lease and the Lease clearly shows only OL name, and the assignment was only presented that day and couldn't be authenticated. Does anyone know the procedures in which an assignment of rent from one landlord to a new landlord after property sale must be followed? Are there certain forms, documents, notaries, etc. that must be done? Was the assignment to be served on us prior to filing a complaint so that we would have evidence that the sale/assignment was truthful? Desperate for answers. Thank you. Happy New Year.

  • Re: Assignment of Rents

    I am not sure that I understand the judgment of the L/T court. I would think that if you showed that you paid the rent to the entitly known to you to have the power to collect it, that would have prevented an eviction. Without understanding the judge's logic, there is not much that I can tell you. If you would like to discuss the matter further, please call.I think that it is important that you consult a lawyer on this matter. You mentioned that you have an appeal in process. If there is not an included claim or a separate suit against your previous landlord in one form or another then you are in danger of losing your lease and your money. This is not a simple landlord/tenant matter and you should not be representing yourself.If I can help, call or email.See also: http://info.corbettlaw.net/lawguru.htm

    John Corbett
    Corbett Law Firm LLC
    303 Walnut Ave.
    Evesham, NJ 08053-7016

• Assignment

  If I am owed 20,000 by (b) in payment for a yacht, I signed the right to receive the 20,000 to (c). (c) did not notify (b) of the assignment. Can (b) enforce the assignment and receive the 20,000?? Why?What if I went Bankrupt? will (b) get the money?

  • Re: Assignment

    Well, you must mean can (c) enforce the agreement. (b) owes you $20,000 if I understand you. So (b) has nothing to enforce. (b) owes you money, so you can enforce the obligation to pay you. If you assign the $20,000 owed from (b) to (c) in exchange for a (very tiny) yacht, (c) CAN enforce the assignment whether or not (b) has been previously notified. The problem arises if (b) pays YOU the $20,000 instead of paying (c) because (b) didnot know about the assignment to (c). In that case, you would have an obligation to forward that money to (c) and (c) could enforce the obligation.all of this assumes that your assignment to (c) is in writing or otherwise provable.If so (c) can present the written assignment or other proof to (b) and demand payment. (b)'s only real concern is making sure that by paying (c), (b) is off te hook for paying you. Note that if (b) never pays (c) you might not be off the hook to pay for the yacht. Depends on how the assignment is worded.If you go bankrupt, the bankruptcy trustee will take control of everything that is in your possession, including the yacht and (b)'s obligation to pay you $20,000. The trustee will then apply fairly complicated bankruptcy laws. The trustee might decide that the assignment of (b)'s obligation to pay means that you no longer "own" the account receivable from (b) and (c) owns it. However, the trustee could take owernship of the $20,000 and distribute it among your creditors. The trustee could also sell the yacht, and probably would, and use the money to pay off your creditors as much as possible.It is possible that (c) might have a superior claim on the yacht IF (c) has properly filled out relvant paperwork, including filing a UCC claimon the yacht or otherise registering (c)'s claim BEFORE you file for bankruptcy.NOTE that in your hypothetical I assume you are trying to understand the law and NOT intending to file for bankruptcy.PLEASE NOTE that transactions undertaken a short time before filing for bankruptcy COULD be overturned by the trustee, and if considered fraudulent might even be considered riminal.

    Jonathon Moseley
    Office of Jonathon Moseley
    107 South West Street #417
    Alexandria, VA 23214-2824

• Is this patent assignment enforceable?

  During the time that my patent was in the Provisional status, I assigned it to a company that I was part owner of and another company that helped me develop it. Immediately after receiving notification that I had done an assignment, my ex-business partner changed the name of the company, without my knowledge or consent, and excluded me from everything. I have received nothing for their use of this patent, from either company, even though I have asked both to stop using it unless they were willing to compensate me for it, and I was under no obligation to make an assignment at all. Also, no assignment was done for the utility patent application. Is there anything that can be done?Thank you.

  • Re: Is this patent assignment enforceable?

    The place to start is with the assignment document. Do you have a copy of it? If so, then read what it says. According to the terms of the assignment agreement, what compensation, if any, are you entitled to receive in exchange for your assignment of rights in the invention? Often, an assignment to a company by an inventor/employee involves only a token compensation? However, you said you were a co-owner of the company. What type of entity is the company? A partnership, corporation, etc? The type of entity and any written agreement specifying the terms of your ownership rights are also relevant to your entitlement to compensation for use of the invention. Also, you say there was no assignment of rights in the utility patent. Normally a written assignment of rights in an invention includes express assignment of all rights in any patent on the invention including continuation patents as well as foreign patent rights. In addition to the compensation issue, you need to determine whether a patent application is filed within one year of the filing date of the provisional application and that a claim of priority to the filing date of the provisional application is made.In my opinion you should not act on your own in this matter. You should hire a patent attorney, and you should not delay in doing so. This is not an advertisment for my services. My response does not constitute the rendering of legal advice or the establishment of an attorney client relationship. The facts you have provided are insufficient to render an opinion concerning your legal rights or what actions are appropriate.

    Patrick Stellitano
    Patrick Stellitano, Registered Patent Attorney
    2803 Inridge Dr.
    Austin, TX 78745

  • Re: Is this patent assignment enforceable?

    I would have to review the assignment and other paperwork before I could make the call. It sounds like you may have a breach of contract since they are in fact using the patent without paying for it. Again, the amount of compensation would be contained in the assignment documents, I assume.

    David Leon
    David L. Leon, P.C.
    3500 Oak Lawn Ave., Ste. 205
    Dallas, TX 75219

  • Re: Is this patent assignment enforceable?

    There are undoubtedly more facts that are relevant to your situation, but there are a number of things that can be done. The first is to write both companies and notify them that the assignment was obtained by fraud and is void and will not be honored. (This should be done by a patent attorney, not you, to give it real punch.) Second is probably to change patent attorneys so that you know the attorney represents you and not the two companies. The third is to warn the companies of the potential for an infringement action if the patent issues, especially if they or any licensees of theirs are making, using or selling the claimed invention.All of this takes money because you need legal representation to do it right. You have the potential for a major legal fight if this invention is worth enough to fight over. I am licensed in Texas, am a patent litigator and registered patent attorney, and I would be glad to assist you in the fight, for reasonable attorney's fees. Check my website, www.burdlaw.com and call or email when you are ready to proceed.

    Bruce Burdick
    Burdick Law Firm
    3656 Western Ave.
    Alton, IL 62002-3156

• Assignment Form

  AAA, LLC assigns all their interst to BBB,Inc. I need to prepare the proper assignment form and give all notice to related parties. I need an assignment form.

  • Re: Assignment Form

    Check out http://www.findlegalforms.com/xcart/customer/home.php?cat=701&partner=popup , which is a partner to LawGuru.

    Robert F. Cohen
    Law Office of Robert F. Cohen
    P.O. Box 15896
    San Francisco, CA 94115-0896

• Assignment for Benefit of Creditors Protection.

  We have two outstanding invoices with a CA business. The owners of that business sold it to their son and are dissolving another business that they owned. The parents owned both businesses under one corporation. The other business is proceeding with an assignment for benefit of creditors. The business the son now owns and that owes us money is still doing business. We received a letter notifying us of the assignment and a deadline for filing with them. However, we have never done business with the one that is going through the assignment. It would seem to me that the son's business still owes us for the invoices as that business isn't part of the assignment. There is not much money involved with us but I am curious how this may work for them.Thank you.

  • Re: Assignment for Benefit of Creditors Protection.

    How much are the invoices for? You can contact me. I handle cases like this.

    Christopher M. Brainard, Esq.
    Law Offices of Christopher M. Brainard -- (310) 266-4115
    468 North Camden Drive, 2nd Floor
    Beverly Hills, CA 90210

• Relinquishing Agreements

  I want to write an agreement between two people stating person ''A'' is relinquishing all his/her rights to use of name and comapny to person''B''. Which form will best be used: ASSIGNMENT OF CONTRACTGENERAL ASSIGNMENT MUTUAL RELEASE QUITCLAIM DEEDRELEASE INDIVDUAL NOTICE OF ASSIGNMENT CONSENT OF ASSIGNMENTThe company name and company hasn't been solitified legally yet and this agreement between the two parties(which are family members)agreed upon verbally but needs to be in writing before we can really be safe to proceed with our plans of business.

  • Re: Relinquishing Agreements

    If this issue is solely about the right to use a name, you may not need an agreement. Trademark rights are acquired through actual use. Additionally, it is possible to obtain rights prior to actual use by filing an intent to use application with the USPTO. Normally, simply conceiving a business name or trademark will not provide a party with trademark rights. However, the proper form to use would be a trademark assignment agreement. If you believe the other party has rights beyond trademark rights (such as copyrights to a logo or an interest in the business), a different agreement will be necessary.Feel free to contact me directly for a free consultation if you have further questions. matt@beckerlawfirm.com or (619) 522-6760.Good Luck!

    Matthew Becker
    The Law Office of Matthew A. Becker, PC
    1003 Isabella Avenue
    Coronado (san Diego), CA 92118

  • Re: Relinquishing Agreements

    Dear Sir/Madam: An attorney would never attempt to advise you as to which form to use, without carefully reading the contents of each form. In the end, it may be that none of the forms you've mentioned are appropriate, and a new agreement might have to be created. Not only would the forms have to be reviewed, but the circumstances, and intended use of the rights would have to be ascertained.

    Sheldon G. Bardach
    Law Offices of Sheldon G. Bardach
    1305 Via Zumaya
    Palos Verdes Estates, CA 90274-2821

• Debt assignment

  Does an orginal note have to contain an assignment clause for that note to be assigned? If it does not, can the note be assigned without the consent of the endorsor? Are there any court cases, Case Law, where the defendant won because he had not consented to the assignment of a note? Please advise.

  • Honesty

    I can help you, but you need to fomally retain me. Need more facts as well, I mean what kind of note? What's the duration? Is this real estate? Is this a car? All of these things matter a lot. Visit my website at www.christopherbrainard.comYou may contact me at 310-266-4115.

    Christopher M. Brainard, Esq.
    Law Offices of Christopher M. Brainard -- (310) 266-4115
    468 North Camden Drive, 2nd Floor
    Beverly Hills, CA 90210

  • Re: Debt assignment

    Generally, a promisory note is considered a negotiable instrument, and can be assigned or sold to a third party.There are very specific situations where it cannot be, but they are few.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588

• Lease assignment - Landlord Issues

  I purchased a business in which the sales agreement stated I would agree to an assignment of the current lease until such time I can re-negotiate the lease with the landlord. After the sale of the business, the landlord says he does not agree to the lease assignment without a personal guarantor. I've made it clear i am not signing a personal guarantee. He also will not negotiate regarding desired repairs. Other than the sales agreement between the seller and I, no other contracts exist. I want to move the business but the lease has 3 more years. Will I be held liable for the lease if I leave due to the ''agrees to an assignment clause'' even if the landlord doesn't agree to the terms of an assignment?

  • Re: Lease assignment - Landlord Issues

    There is no way to respond without reviewing the documents, but the primary point is that the landlord generally does not have to agree to the assignment and he is free to insist on a personal guarantee (or any other terms) for a new lease with you. Apparently yout seller has also asked about this earlier today. As for whether that means ou have any legal obligations to the lanlord, maybe, maybe not. It also may or may not affect the sale and purchase of the business, or whether you or the seller have claims against each other if it turns out you can't lease the property or the seller is stuck with a lease. This is but one of many problems in buying or selling a business without having the deal reviewed in advance.

    Scott Riddle
    Scott B. Riddle, Attorney
    Suite 3250 One Atlantic Center, 1201 West Peachtree St., NW
    Atlanta, GA 30309