012: Protecting Your Creative Expression – The Nature of Copyright
Release Date: 07/17/2018
153: AB Trusts After 2013: What You Need to Do Now
Absolute Trust Talk
Welcome back to Absolute Trust Talk! In this exciting episode, associate attorney Jessica Colbert steps into the spotlight for the first time, accompanied by managing attorney Kirsten Howe. Together, they continue the series AB Trusts: Do You Have One? Do You Need One? This episode uncovers the surprising reason many couples have AB trusts without realizing it, and what steps you should take if you find yourself in this situation. You’ll also learn why it might be time to reconsider an AB trust, especially if you are the surviving spouse and want to make changes. Don’t miss out on this...
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152: The Truth About AB Trusts: Will Your Wishes Be Followed?
Absolute Trust Talk
Welcome back to Absolute Trust Talk with Kirsten Howe and associate attorney Jessica Colbert! In this second episode of our AB Trust series, we dive into a vital question: Will your wishes truly be honored? While AB Trusts are a common estate planning tool for couples, they have potential challenges. One significant issue is when the deceased spouse's wishes are unintentionally—or even deliberately—overlooked or altered. Tune in as we explore how and why this happens and, more importantly, what steps you can take to ensure that your estate plan works exactly as intended. ...
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151: Is an AB Trust Right for You? Essential Insights for Married Couples
Absolute Trust Talk
Married couples, is your AB trust still serving your needs, or has it outstayed its welcome? In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert take a closer look at AB trusts, a once-standard estate planning tool. They discuss when an AB trust makes sense and when it might just add unnecessary complexity and cost. Tune in as they explain the key benefits of asset control after death, while also considering the downsides, such as tax filing requirements and maintenance expenses. Whether you're revisiting an existing trust or planning for the future,...
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150: Third-Party Trustees: A Smart Choice for Your Estate Plan?
Absolute Trust Talk
In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert continue their in-depth discussion on selecting a successor trustee, with a focus on third-party options. They explore key considerations when choosing a licensed professional fiduciary, breaking down the advantages and potential drawbacks of this option. Additionally, they provide insights into other alternatives, such as corporate trustees. Whether you're making this decision for the first time or revisiting your estate plan, this episode offers practical advice to help you choose the best trustee...
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149: Choosing a Child as Your Successor Trustee: Key Factors to Consider
Absolute Trust Talk
Are you considering naming a child as your successor trustee? In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert explore the pros and cons of selecting a child for this crucial role. They break down key factors, including whether to name one child or multiple children as co-trustees, and the potential challenges that can arise, from sibling dynamics to administrative complexities. Tune in to gain valuable insights and ensure you make an informed decision about your trust’s future. Time-stamped Show Notes: 0:00 Introduction 1:45...
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148: How to Choose the Right Successor Trustee for Your Trust
Absolute Trust Talk
Are you prepared to name a successor trustee in your estate plan? Don’t worry if you’re unsure—this episode of Absolute Trust Talk will guide you through the process. We’ll break down the most important traits to look for in a successor trustee, such as trustworthiness, reliability, and the ability to seek professional advice when needed. Plus, we’ll share common pitfalls to avoid so you can make the best choice for your family’s future. Time-stamped Show Notes: 0:00 Introduction 0:50 What is a Successor Trustee, and why is naming one essential for your...
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147: How to Legally Access a Loved One's Bank Account After Death
Absolute Trust Talk
Have you ever faced the frustrating challenge of accessing a loved one’s bank account after their passing? You're not alone. In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert break down the complexities of this process into simple, actionable steps. They explain the different types of account ownership—whether joint, trust-held, or individual—and guide you through the specific steps required to gain access to each. Plus, they debunk the common misconception that a Power of Attorney can be used after death, highlighting why it’s not only...
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146: Trustee and Executor Responsibilities: Best Practices and Pitfalls Part 3
Absolute Trust Talk
Navigating estate planning as a surviving spouse can be complex, especially when dealing with the intricacies of an A-B trust. In this episode of “Trustee and Executor Responsibilities: Best Practices and Pitfalls,” Kirsten Howe and associate attorney Jessica Colbert focus on the A-B Trust—an estate planning tool that was once commonly used to minimize estate taxes but is often misunderstood today. They explain what an A-B Trust is, why it’s important to address the trust split promptly after a spouse’s passing, and the complications that can arise if it’s delayed. Whether...
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145: Trustee and Executor Responsibilities: Best Practices and Pitfalls Part 2
Absolute Trust Talk
Taking on the role of a trustee or executor can be daunting—and for good reason! With so many responsibilities and legal requirements, checking all the necessary boxes can feel overwhelming. In this episode of Absolute Trust Talk, we continue our discussion on trustee and executor duties, focusing on the critical importance of notices. For instance, the trustee's or executor's responsibility is to ensure that all beneficiaries and heirs are properly notified of the decedent’s passing. And that's just the beginning. If you’ve recently been named a trustee or executor, you won't want to...
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144: Navigating Trustee and Executor Responsibilities: Best Practices and Pitfalls
Absolute Trust Talk
When asked to be a family member’s trustee or executor, it’s easy to immediately say yes out of love and a sense of duty. It’s just some paperwork, right? How hard could it be? At Absolute Trust Counsel, we’ve seen the struggles trustees and executors face, particularly when they are family members. The role involves a heavy workload, significant responsibility, and the meticulous task of bookkeeping—often the most daunting part. It’s easy to overlook these critical aspects, which is why our goal for this episode of Absolute Trust Talk is to ensure you’re fully...
info_outlineIn this episode of Absolute Trust Talk, Kirsten welcomes Walnut Creek copyright law expert Kelley Way into the studio. This Walnut Creek native, wanted to practice copyright law since she was in high school, as two of her biggest passions are books and music. She fell in love with copyright law after resolving a case for her first ever client – the copyright holder of a New York Times bestselling fantasy series – and the rest was history.
Because copyright law is confusing to many, Kirsten and Kelley dive into a discussion of what intellectual property and creative expression actually mean and what makes them worthy of protection. Kelley highlights the different types of intellectual property and how long they last, and she later weighs in on how it can affect future generations.
Take Away From Episode #012:
- If an intellectual property asset will affect future generations, make sure they know what to look forward to and make sure they understand how to deal with their finances in a smart way.
Time-stamped Show Notes:
2:00 – What is intellectual property?
2:45 – How do you register to protect your intellectual property?
5:50 – Kelley discusses what kinds of assets are protected by copyright and what makes them worthy of registration
8:35 – If you have a copyright, what kind of protection do you get? (Hint: There is more than one type of protection, depending on the work)
12:45 – How long does a copyright last?
14:09 – Kirsten and Kelley discuss how and why creators can take back the right to their works and get a second chance at making their content a lucrative business deal
16:30 – Can heirs enforce certain rights when it comes to a copyright?
20:00 – What happens when someone inherits a copyright asset?
Episode #012 Freebie: What Is Intellectual Property? A Guide to Copyrights, Trademarks, and Patents
What many people don’t realize is that there is, in fact, an overlap between copyrights, trademarks, and estate planning – what they don’t quite understand is the “why” or the “how.” The key to bringing it all together is the background information, what each piece of copyright protection is for, how and why copyright protection works, and how your future and future generations can be affected if proper care is not taken. Absolute Trust Talk guest and copyright law expert Kelley Way shares exclusive access to her in-depth article, “What Is Intellectual Property? A Guide to Copyrights, Trademarks and Patents.” Kelley breaks down what each area of intellectual property and how all of these practice areas tie together, in an easy-to-consume, no-nonsense way. To brush up on your understanding of copyrights, trademarks and patents, click here to read Kelley’s article!