012: Protecting Your Creative Expression – The Nature of Copyright
Release Date: 07/17/2018
161: What’s Yours, Mine, and Ours? Untangling Community vs. Separate Property in Estate Planning
Absolute Trust Talk
In this episode of Absolute Trust Talk, host Kirsten Howe is joined by the accomplished Ruth Koller Burke, Partner at Koller Herlihy LLP, whose 25+ years of experience span estate planning, trust administration, and probate litigation. Ruth’s dual expertise as both an estate planner and litigator—gained through years of representing Fortune 500 companies and managing high-stakes family dynamics—brings an invaluable perspective to this discussion. Together, Kirsten and Ruth dive deep into the complexities of community and separate property in estate planning. From clarifying...
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160: Celebrity Probate Case Files: O.J. Simpson
Absolute Trust Talk
In this special Absolute Trust Talk episode, Kirsten Howe and associate attorney Jessica Colbert step into the captivating world of celebrity estates, taking a closer look at the probate of O.J. Simpson. Unlike traditional probates, where assets are distributed to heirs, O.J.'s estate paints a very different picture—one dominated by overwhelming debts, including a $117 million judgment. From the auctioning of memorabilia to an intriguing home equity dispute, this episode uncovers the complexities faced by executors in balancing creditors' claims and legal obligations. Whether you're a...
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159: Trustees' Checklist: Essential Notices You Can't Afford to Miss
Absolute Trust Talk
Trustees, are you confident you’ve completed all your legal responsibilities? This final, crucial question is one every trustee should ask—but the answer is rarely simple. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into the often-overlooked legal notices trustees are required to send before making final distributions. They discuss the critical 120-day notice to trust beneficiaries and heirs, informing them of their rights to contest the trust. They also cover essential notifications to the Department of Health Care Services and...
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158: Avoiding Trustee Liability: Critical Steps Before Distributing Assets
Absolute Trust Talk
Being named a trustee is a significant responsibility that demands careful attention, time, and effort—and missing critical steps can lead to complex legal consequences. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into real-life cases where trustees overlooked essential duties. They discuss three crucial questions every trustee must ask before making final distributions: 1. Have I done everything necessary concerning income taxes? 2. Is there a supplemental property tax...
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157: Avoiding Probate Hassles: Understanding California's 2025 Law Change
Absolute Trust Talk
A significant shift in California probate law is on the horizon, promising to make estate transfers more accessible for many homeowners. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into a game-changing legislation effective April 1, 2025. This new law allows for a simplified transfer of primary residences valued up to $750,000 to heirs—without the need for probate or a formal estate plan. They discuss how this expansion of the small estate affidavit and petition procedures can ease the burden on families, making property...
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156: Probate Alternatives: Real Estate Affidavits and Succession Petitions Explained
Absolute Trust Talk
In the third episode of their probate alternatives series on Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into two streamlined legal procedures that help families avoid the costly and time-consuming probate process when transferring small real estate estates in California. They explain an affidavit procedure for properties valued under $61,500 and a petition for determining succession to property for estates under $184,500. The discussion covers the requirements for each method, including waiting periods, the role of a probate referee, and when each...
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155: Spousal Property Petitions: An Easier Alternative to Probate
Absolute Trust Talk
In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert delve into the spousal property petition, a vital tool that offers a faster and more cost-effective way for surviving spouses to claim assets from a deceased spouse's estate. They break down the legal nuances, sharing practical examples of how this process works and how it can sometimes be used even after both spouses have passed away. With real-world scenarios and expert advice, this episode sheds light on probate alternatives that can ease the estate administration process for families. Whether...
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154: Unlocking Assets Without Probate: The Benefits of Using a Small Estate Affidavit
Absolute Trust Talk
Navigating the probate process can feel overwhelming, so what if there was a way to avoid it entirely? In this episode of Absolute Trust Talk, associate attorney Jessica Colbert and managing attorney Kirsten Howe introduce the small estate affidavit—an often overlooked yet highly effective tool for bypassing probate when certain conditions are met. Together, they break down what it takes to qualify for this process, explain how it works to transfer personal property without court involvement and point out some important details and potential challenges. Don’t miss this insightful...
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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. ...
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!