Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My husband and his partner were developing some kind of

Hi. My husband and his...
Hi. My husband and his partner were developing some kind of technology together. They were able to make one prototype. They received the patten for the technology with both of their names on it. But I know for sure that guy didn't even lift a finger. I have to prototype in my custody. Now the thing is my husband passed away few days ago suddenly due to a massive heart attack. That guy have been calling me and asking me for the prototype. What should I do here ? My husband died so suddenly he was still young so non of us thought of having a will.
Show More
Show Less
Ask Your Own Business Law Question
Answered in 14 minutes by:
3/25/2018
Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. The answer to your question is unfortunately not clear cut or simple. If the patent application was granted in both your husband and this other individual's name then your husband's part/rights to that patent should pass to you and/or other family members pursuant to your state's estate laws. If your husband had been the sole owner of the patent that would be pretty easy. With two owners, however, it becomes more difficult. More difficult still if they got the patent in the name of a business they operated together. It is always frustrating when one person appears to benefit from the hard work of another, but if your husband agreed or allowed the patent application to be in both their names, then both are identified as inventors. It is likely that you and/or other family members now co-own this patent with your husband's partner, but that does not clearly answer what should be done with the actual prototype.

One option is contacting the partner and letting him know that since your husband's heirs now share in ownership of the patent with him, you should all sit down and discuss how to proceed going forward. You could reach some sort of agreement on a splitting of any profits from the invention, who is responsible for what, whether you or any other family members who might inherit want to have any active role in marketing this invention, etc. In other words, sit down with him and discuss how all of you may best benefit from the invention going forward.

You may want to consult with a local estate lawyer to confirm inheritance of the actual patent and to determine exactly how the actual prototype should be handled before or after any such meeting or discussion. At this point, since the prototype was in your husband's possession when he died and was his personal property, you can probably just respond to the partner by saying until the estate is fully handled you are not in a position to give him the prototype. You may want to assure him you will not be attempting to use or sell or take any action in connection with the prototype or invention until the estate matter is resolved.

I am so very sorry you are going through this loss and having to deal with issues like this one at this time is so very hard. I hope this information has been helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent customer service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Business Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 1,198
1,198 Satisfied Customers
Experience: Member at Keefer & Keefer LLC

Attorney Wendy is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

2,002 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

678 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I have been thinking about asking them for all cash, with a
I have been thinking about asking them for all cash, with a rate of pay calculated from a specific way of calculating my teacher's salary that I came up with (which was their initial suggestion but I … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
Technology A) exists to solve problem(1), technology A costs
Technology A) exists to solve problem(1), technology A costs $10k. Technology B) exists to solve problem 2. Technology C) needs technology A) to solve it's problem,(1). People who use technology C) on… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am a software developer in the midst of a civil suit
Hello, I am a software developer in the midst of a civil suit against a former business partner. Five years ago, and prior to working with my former business partner, I developed a series of computer … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
138 satisfied customers
I have developed a patentable device in the area of
I have developed a patentable device in the area of combustion energy conversion.I need $ to pay for the patent process. I want to offer a % of the patent results for the funds to obtain letters paten… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
guys, based on trust I started a business relationship over
Hi guys, based on trust I started a business relationship over a year ago with an US partner. I developed a prototype of an electronic product, including hardware and software design. We incorporated … read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
Does a teaming agreement bind two parties together to work
Does a teaming agreement bind two parties together to work exclusively if it does not state that up front?… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I made a mobile application that sells to my employer and competing
I made a mobile application that sells to my employer and competing companies. I own 50% of this company and my employer says I cannot sell it to competitors. Are there any consequences beyond getting… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,611 satisfied customers
how much is a webite worth? I was a partner in developing
how much is a webite worth? I was a partner in developing a website. we spent months developing the site, and over a year marketing it. but we did not generate $1 in revenue. now, over a year later, I… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I am asking for my son who worked for very small company –
I am asking for my son who worked for very small company – 2 partners. Partner #1 lived local and worked with my son daily. Partner #2 lived several states away, was completely inactive in the company… read more
MShore Law
MShore Law
Attorney
Doctoral Degree
1,233 satisfied customers
My father died suddenly last year of a massive heart attack.
My father died suddenly last year of a massive heart attack. He didn't own much besides a little piece of land and a storage building. Another party now, a year later claims they bought the building f… read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
Hello, I have a few questions regarding Michigan law and what
Hello, I have a few questions regarding Michigan law and what I should do. I am in the home construction field and I'm having some issues. I had a partner for about 4 years and he is a licensed builde… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I am working with my husband and our general counsel to structure
I am working with my husband and our general counsel to structure our trusts, foundation, and companies. The patents for my husband's inventions are in his name, although I understand within our compa… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
I have a joint venture agreement that has been modified by
I have a joint venture agreement that has been modified by the other party. I need to have it reviewed. Anyone know corporate law in this area?… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
Can I create a LLC in California if I have two defunct c-corps
Can I create a LLC in California if I have two defunct c-corps in a similar industry. There is no fraud involved, but I never took them BK; filing 1120's is not possible. My late husband ran them duri… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My partner and I have been in the development business since
My partner and I have been in the development business since 1992.In October of 2005 we took a construction loan for a condo development in NJ.This development was completed , but the recession hit an… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
My husband is the president of a company. We are not that large,
My husband is the president of a company. We are not that large, but he has a partner. What happens if he passes away. I work for the company and I receive a salary. My husband has no will or trust se… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,002 satisfied customers
I owned a small baby shoes co 4 yr ago. One lady from CA asked
I owned a small baby shoes co 4 yr ago. One lady from CA asked me to explore a expandable baby shoes with her since 2007. We have signed agreement of intent with a atterney's help. We worked together … read more
socrateaser
socrateaser
1,452 satisfied customers
Hello, My husband has had a business for the last seven
Hello, My husband has had a business for the last seven years out of Canada. He has a business partner and the business is incorporated. However, in this seven years they have not yet had a project th… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x