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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 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....
What Does Copyright Protect?
This is an important question when you’re drawing from someone else’s work to create your own material. What is permissible, and what would be considered infringement? Copyright only protects creative expression. It does not protect facts or ideas, only the way those...
What is Probate?
Whenever I meet with a new prospective client, I give them the opportunity to ask questions. A very common question is “Do I need a trust?” Rather than give the classic lawyer answer (“It depends”), I tell them that most people who create a trust do so for one of two...
Plagiarism vs. Copyright Infringement
I’ve had several occasions now where a person asked me about one of these topics, but the longer the person talked, the clearer it was that they really meant the other. It’s happened often enough that I felt an article was in order. Plagiarism is what happens when you...
Celebrity Estates in the News
I love stories. In my business, I especially love stories that I can use in my presentations to illustrate the importance of the things I’m talking about. And what better stories to use than stories involving celebrity estates? Some of the stories I use are a bit...
How to Choose a Trademark
Choosing a trademark can be a tricky business – especially if you want to call your business something other than your own name. Here are a few pointers to get you started: More creativity is better. Try to choose a name (or logo, or slogan) that is as original and...
Should I Create a Special Needs Trust?
This is a question that comes up regularly. When a loved one has a disability, making sure they’re taken care of is even more critical than usual. In most cases, the special needs trust is used to make sure a disabled person does not lose government benefits, such as...