What is a Trust and Why it is Important?

A trust is an arrangement wherein one person (the trustee) manages and holds legal title to property owned by another (the settlor or grantor) for the benefit of a third party or parties (the beneficiary).

There are many different kinds of trusts, such as a testamentary trust which is a trust created by a person’s will and that takes effect after his or her death. One of the reasons a person may want to create a testamentary trust is that it permits him or her to control how trust property is given to the beneficiary.

There are other types of trusts that may be beneficial to your situation that is why it is important to speak to your attorney regarding these matters. Please contact us if you are interested in setting up a will or trust for your future needs.

Drawing a Florida Will

Any adult of sound mind is entitled to make a will. However in there are a few technical requirements a will must fulfill:

• The will must be signed by at least two witnesses. The witnesses must watch you sign the will, though they don’t need to read it. Your witnesses, in most states, must be people who won’t inherit anything under the will. (If your state allows “holographic” wills, you don’t need witnesses.)

• You must date and sign the will.

You don’t have to have your will notarized. In many states, though, if you and your witnesses sign an affidavit (sworn statement) before a notary public, you can help simplify the court procedures required to prove the validity of the will after you die.

You do not have to record or file your will with any government agency, although it can be recorded or filed in a few states. Just keep your will in a safe, accessible place and be sure the person in charge of winding up your affairs (your executor) knows where it is.

Florida law has specific requirements to make a valid will and to avoid probate proceedings.

If you are interested in creating a will to set up security for your future, please contact Boyer Law Firm as we have mastered the provisions and tailored our forms to provide maximum security for you future when creating your Florida Will.

Trademark Your Word, Phrase, Symbol or Design

Trademark Your Word, Phrase, Symbol or DesignTrademark Your Word, Phrase, Symbol or Design: A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
When you file a trademark registration application the examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R. Part 2.

The most common reasons for refusing registration are because the mark is:
•    Likely to cause confusion with a mark in a registration or prior application;
•    Descriptive for the goods/services;
•    A geographic term;
•    A surname;
•    Ornamental as applied to the goods.

The examining attorney may also issue requirements concerning, for example:
•    The goods and services listed in the application;
•    The description of the mark;
•    The quality of the drawing;
•    The specimens.

In short, a trademark is a brand name. A trademark includes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

Not all trademarks must be registered, but federal registration has several advantages, including a notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
If you have a trademark issue, please contact Boyer Law Firm today and we will be happy to assist you in either trademarking your logo or discussing other possible options.

Why You Need To Read Your Title Commitment

The title process involves a lot of research on the property to be transferred, and a number of problems may come up after settlement if the title commitment has not been read thoroughly. For example, when a new owner realizes that they do/don’t have easements or right-of-ways, the dimensions of the lot were totally different from what they thought they bought, other entities had a claim to all or part of their lot and so on.

The title commitment has different schedules and parts which includes the following:

• Schedule A of the commitment details the parties involved in the sale – all the parties. If there are “misunderstandings” about who is actually selling the property, they will come out here.

• Schedule B of the title commitment details covenants and restrictions that apply to the property, from sources such as the development, associations, utilities and other entities including neighbors and who knows who else.

• Schedule C of the commitment has the infamous “legal description” that nobody tries to read. However, it’s not uncommon for buyers to read it and suddenly realize that the boundaries are nothing like they thought they were buying, or that the description is totally wrong or indecipherable (referencing rocks, trees, etc).

The Escrow period is the critical time for home buyers and agents to make sure the property they agreed to buy is indeed what is transferred on closing day and that there is no surprises.

At Boyer Law Firm we not only conduct a thorough title search but we make sure each and every document is read and that everything conforms to the requirements. If you have a closing and need a title commitment please contact us and we will be happy to help.

Leftover Sellers in your New Home?

Everyone fears sellers staying in your new purchased home after closing.

However, once you have closed, you lose whatever leverage you once had over the sellers. If the sellers decide not to leave after closing you may have some options such as eviction or suing them. It is always best to have the sellers hand over the keys or leave the premises before or upon closing.

June Fletcher of the Wall Street Journal advises that “if all goes well and the seller leaves on the agreed-on day, do another walk-through of the home, even if you already did one before you purchased the house. Flush the toilets, open the windows, turn on the appliances and make sure everything is in good working order. Check your contract to make sure that those things that it stipulated would stay, like chandeliers and window treatments are still there. If you do find something amiss, take photos to prove it.”

If sellers want to stay after closing, before you agree to allow the sellers to stay on, ask your insurance agent if your policy will cover the time period before you take possession. Should your house be damaged or burn down during that time, you need to be protected.

Contact Boyer Law Firm today if this issue sounds like your situation and the sellers have overstayed the agreed on date. Your attorney will be able to help you evict or sue them and protect you from unwanted expenses.
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