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Kelley Way has been creating blog posts across many topics of Estate Planning, Copyright and Trademark law. If you have a topic or question you’d like covered, reach out to Kelley Way here.
What is an Advance Health Directive?
When and why you need an Advance Health Directive If you've ever been admitted to a hospital, you’ve likely been asked the question “Do you have an advance health care directive?” (It’s possible one or two of those words were missing: “advance directive” or “health...
Can I Talk About a Real Business in My Book?
Use of Trademarks in Writing An editor friend of mine told me she recently had a client who made up a restaurant name for her book. When my friend looked into it, she discovered that there was a restaurant with that exact name a few hours from where she lived. She...
Wills vs. Trusts – What’s the Difference?
This is a source of confusion for a lot of people. I often have clients ask me this question, or the related questions “Which one do I need, or do I need both?” Here’s the breakdown of what each document is, and what purpose it serves in your overall estate plan: The...
Is a Copyright Small Claims Court in America’s Future?
As an attorney, one of the things that hurts my heart the most is a prospect who comes to me with a great case, but no money to pursue that case in court. In many cases, there is no way to stop an infringer short of a court order, and that court order can only come...
Do I Need a Waiver to Post Photos or Videos of Other People?
I was recently approached by someone who was starting a literary open mic night at her local Starbucks, to give writers an opportunity to share their works with an audience. She wanted to take pictures, and possibly video, to use in promoting the event. However, she...
I’m Moving; Should I Update My Trust?
One of the most frequent questions I get from former clients is “I’m moving to [insert location of choice]; should I update my trust?” I typically dodge the classic “It depends” answer and tell them that they don’t necessarily have to update, but there are...
What is a Small Estate Affidavit?
Before I answer this question, I need to give some background information. If your estate (everything you own in your name) is worth more than $150,000, California requires the estate to go through probate. Probate is the process where the government oversees the...
Can I Copyright a Title?
The short answer: No. The longer answer: Most titles are simply not long enough to meet the creativity requirement for a copyright. While it’s theoretically possible, a title long enough to be deemed sufficiently creative would probably be too long to easily fit in...
What is an Irrevocable Life Insurance Trust (ILIT)?
I was asked to present on this topic this past month, and I thought I’d share the results of my research. An irrevocable life insurance trust (otherwise known as an ILIT) is a resource that can be used to avoid estate taxes, and/or to provide a means to pay for them....