Wiszneuackas Law FAQ
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Why choose Wiszneauckas Law firm?
Geoff brings over 20 years of experience to his practice that combines a unique combination of planning, finance, counseling, engineering, and project management, technology implementation and law.
Geoff brings this unique experience together to provide a personalized client focused experience that strives to listen to clients and create a customized plan that best meets the goals and concerns of clients.
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How does Wiszneauckas Law use technology?
We leverage technology to streamline our processes, improve quality and make our client experience.
Technology improves communication through video calls, texting, online forms and client portals for document sharing.
Technology helps us work near paperless, with online billing, cloud storage, e-filing, and electronic document signing.
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Why does Wiszneuackas Law use flat fees?
From the client perspective it is important to us that you have predictability, transparency, and clarity in pricing. No surprise legal bills.
From our perspective, we want to encourage collaboration and communication.
We also want to have aligned incentives with our clients to continually raise the quality and efficiency of our services.
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What forms of payment does Wiszneauckas Law take?
We take online payments via echeck, debit, or credit.
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How do I start my plan?
Book Your Consultation by pressing the link above. You can choose to meet in our office or virtually. We want to hear more about your goals and concerns and tell you more about Wiszneauckas Law and our process.
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Where do we meet?
We meet clients in our office space in Tulsa, OK, or Inola, OK.
Document signings take place in our Tulsa, OK, office.
We also meet virtually via Zoom or Teams.
Estate Planning FAQ
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What is an estate plan; do I need one?
Estate planning is the process of organizing your finances and personal affairs to ensure your wishes are followed during your life and after you’re gone. It involves creating documents like wills, trusts, and powers of attorney to manage assets, designate guardians for children, and avoid probate. A plan can minimize taxes, prevent family disputes, and provide security for your loved ones. Without it, the courts may decide, leading to potential legal complications and stress for your family.
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What if I do not have an estate plan?
It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.
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What is probate and can estate planning help me avoid it?
Whether you die without a plan or even if you have a will, the court may be required to distribute your estate after death. Probate is the legal process where a court oversees the distribution of your estate. Probate can be time-consuming and costly. Estate planning tools like trusts can help your heirs avoid probate, which means they can access their inheritance more quickly and with fewer legal fees.
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What is a will, and do I need one?
A will is a document where you can specify how your assets should be distributed after your death, name guardians for your children, and appoint an executor to carry out your wishes. If you have assets, a will can be an important tool to ensure they go to the people or organizations you want and to avoid confusion or disputes among family members. A drawback to a will, by itself, is that it could still require probate to oversee the execution of your will.
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What is a trust, and how does it differ from a will?
A trust is a legal tool that allows you to transfer ownership of assets to a trustee. The trustee then manages and distributes them for your benefit or the benefit of your heirs. Unlike a will, a trust can help your loved ones avoid probate, maintain privacy, and sometimes save on taxes. A will takes effect only after your death, whereas a trust can operate while you're still alive, allowing you to manage your assets during your lifetime and pass them on smoothly after you're gone. Since trusts operate while you are still alive, they can also be used in the event of incapacitation.
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How often should I update my estate plan?
People often wonder whether they can update their plan once it is created and how often they should update it. Yes, you can update your plan! It is a good idea to review your estate plan every few years or after major life changes—like a marriage, divorce, the birth of children, a change in financial circumstances, transacting real estate, or the death of a loved one. This ensures your plan still reflects your wishes and keeps you in line with any changes in the law.
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What can I do to protect my healthcare decisions?
A living will or healthcare directive work alongside a healthcare power of attorney (POA) to outline your specific wishes for medical treatment in situations where you cannot communicate, such as in a coma or at the end of life. These documents can cover your preferences for life support, organ donation, and other critical healthcare choices. A living will provide clear guidelines on the treatments you want or don’t want, giving your agent and medical professionals direction on your care. The healthcare POA designates a trusted person to make decisions on your behalf. Additionally, a financial POA can be appointed to manage your finances in the event you are not able to make them for yourself.
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How do estate planning attorney’s work together with other financial professionals, such as CPA’s and financial advisors?
It can be helpful for an estate planning attorney, financial advisor and CPA to all work collaboratively to ensure you have a plan that employs strategies to optimize for taxes and achieve your financial goals. Estate planning attorneys draft legal documents and help you create a strategy that makes use of trusts and wills to mitigate estate taxes, avoid probate, and ensure a smooth transition. CPA's can provide insight into tax strategies to minimize estate, income and capital gains taxes. Financial advisors provide investment strategies for their clients that can be implored within a trust to meet a client's financial goals including growing principle or generating incoming. Estate planning attorneys, CPAs, and financial advisors collaborating can create a holistic plan to optimize for taxes, meet your financial goals and ensure your wishes are honored.
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Can I create my own estate plan, or should I work with an attorney? How much does it cost?
There are online and tools and templates that you can use to create an estate plan for several hundred dollars. Working with an experienced estate planning attorney may costs several thousand or even tens of thousands of dollars depending on the complexity of the plan. Working with an experienced estate planning attorney can help ensure that your documents are legally sound, have been properly executed, are tailored to your specific needs, and free of potential pitfalls that could cause them to be invalid or cause complications later. The peace of mind that comes with knowing your wishes are documented and legally enforceable and creating a custom plan that best fits your goals is often well worth the investment. Additionally, an estate planning attorney may be best suited for more complex situations such as business planning, blended families, using multiple trusts in your strategy all in conjunction.
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How can estate planning help reduce taxes?
Estate planning can reduce taxes by structuring your estate in ways that take advantage of tax exemptions, deductions, and strategies like gifting or charitable giving. Proper planning can help minimize estate taxes and pass more of your wealth to your heirs, rather than to the IRS.
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What is a guardian, and why should I choose one?
A guardian is someone you trust to care for your minor children in the event that you’re no longer able to. Naming a guardian in your will ensures that someone you approve of will take care of your children—without leaving the decision up to the courts.
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What happens if my beneficiaries don’t agree with my will or trust?
Disagreements among beneficiaries can happen, and sometimes people will challenge the terms of a will or trust in court. While this can be stressful, having a clear, well-drafted estate plan—and communicating your intentions to your loved ones—can help reduce the likelihood of disputes.
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What is the role of an executor or trustee?
An executor (if you have a will) or trustee (if you have a trust) is responsible for carrying out your final wishes. This can include paying debts, managing your assets, and distributing property. It's important to choose someone responsible and trustworthy for this role, as it comes with significant duties and responsibilities.
Trademark FAQ
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What is a trademark attorney? Why should I hire a trademark attorney?
A trademark attorney specializes in protecting brand names, logos, and other distinctive identifiers. They help businesses and individuals navigate the trademark process. The trademark process includes searching for existing marks, strategizing about what marks to pursue registration for, filing applications, responding to office actions, and handling any legal issues that come up. While you can file a trademark application on your own, working with a trademark attorney ensures your application is filed correctly and your brand is properly protected. They will conduct a thorough trademark search to avoid any potential conflicts, guide you through the application process, handle all the paperwork, help you enforce your rights if someone infringes on your trademark, and provide expert advice to prevent costly mistakes and potential legal issues down the road.
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Why should I hire a trademark attorney?
While you can file a trademark application on your own, working with a trademark attorney ensures your application is filed correctly and your brand is properly protected. They’ll:
Conduct a thorough trademark search to avoid any potential conflicts.
Guide you through the application process and handle all the paperwork.
Help you enforce your rights if someone infringes on your trademark.
Provide expert advice to prevent costly mistakes and potential legal issues down the road.
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What does a trademark attorney do?
Trademark attorneys have a few key responsibilities:
Trademark Search: They’ll conduct a detailed search to make sure your proposed trademark isn’t already in use.
Application Filing: They’ll help you file your trademark application with the relevant government office (like the USPTO in the U.S.).
Legal Advice: They’ll offer advice about the strength of your trademark, whether it’s likely to be approved, and any potential risks.
Trademark Protection: If someone challenges your mark or infringes on it, they’ll help defend your rights.
Dispute Resolution: If there’s a legal dispute, they’ll assist with any legal action or negotiations.
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What’s the process for registering a trademark?
The process usually involves the following steps:
Trademark Search: Your attorney will search existing trademarks to ensure yours is unique.
Application Filing: Once your attorney confirms availability, they’ll file your application with the appropriate trademark office.
Examination: The trademark office will review your application and check if it meets all the legal requirements.
Opposition: If your application passes, it will be published for others to oppose if they think your trademark conflicts with theirs.
Registration: If no opposition arises, your trademark is officially registered, and you’ll receive a certificate.
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How much does a trademark attorney cost?
Trademark attorney fees can vary based on the complexity of your case, the jurisdiction, and the services you need. Common costs include:
Search Fees: To check for conflicting trademarks.
Application Fees: These are the fees charged by the trademark office for filing.
Attorney’s Fees: This can range from a few hundred to a few thousand dollars depending on the attorney and the scope of work involved.
It’s always a good idea to ask for a cost estimate up front so there are no surprises.
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How do I choose a trademark attorney?
When looking for a trademark attorney, consider these factors:
Experience: Look for someone with solid experience specifically in trademark law.
Reputation: Check reviews, ask for referrals, or talk to other businesses who’ve worked with them.
Specialization: Make sure they focus on trademarks and intellectual property law.
Communication: You want an attorney who’s responsive, approachable, and clear in explaining things.
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How long does it take to get a trademark?
The timeline for registering a trademark can vary, but here’s a general idea:
In the U.S.: It can take anywhere from 8 months to over a year, depending on whether there are any complications or objections.
Internationally: The timeline is similar, but it can vary depending on the country or region.
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What if someone is using my trademark without permission?
A trademark attorney can help protect your rights if someone is infringing on your trademark. They can:
Send a cease-and-desist letter to the infringing party.
Assist with negotiating a settlement or licensing agreement.
Represent you in legal action if necessary.
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Can a trademark attorney help me with international trademarks?
Yes! If you’re looking to protect your trademark outside your home country, a trademark attorney can help you file through international systems like the Madrid Protocol, which allows you to register your trademark in multiple countries with one application. They’ll guide you through the process and ensure your brand is protected internationally.
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What’s the difference between a trademark, copyright, and patent?
Trademark: Protects brand identifiers like names, logos, and slogans.
Copyright: Protects original creative works such as books, music, and artwork.
Patent: Protects new inventions, designs, or processes.
A trademark attorney specializes in trademarks, while other attorneys may focus on copyrights or patents.
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What should I do if my trademark application is rejected?
If your application is denied, don’t worry—your attorney can help you understand why and guide you through the next steps. This might involve:
Appealing the Decision: In some cases, you can appeal to a higher authority.
Making Adjustments: Your attorney can help amend your application or present new arguments to address the concerns raised.
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Can I represent myself in a trademark dispute?
Technically, yes, but it’s not recommended. Trademark law can be complicated, and the process can be tricky to navigate without experience. Having a trademark attorney by your side ensures you’re properly representing your interests and increases the chances of a successful outcome.
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What happens if I don’t register my trademark?
If you don’t register your trademark, you may still have some protection under common law (based on actual use of the mark). However, registering your trademark gives you much stronger protection, including:
Nationwide rights (in the U.S.), even if you haven’t used the mark everywhere.
The ability to take legal action in federal court for infringement.
The right to use the ® symbol, signaling your mark is officially registered.
Without registration, it’s harder to protect your brand from infringement or claim exclusive rights over it.