November 5, 2016
by Raleigh Lawyer
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Estate Planning Tips for Newlyweds

If you have recently gotten married, you have come to the right place! In this two-part series, our estate lawyer in Cary NC is going to discuss the estate planning process for newlyweds. Whether you tied the knot recently or have been married for several months, if you have not worked on an estate plan with your spouse, these posts will help you get your affairs in order.

Tips for Newlyweds | Estate Lawyer in Cary NC

Getting married is a big step, but after the excitement of the wedding and the honeymoon, there are some legal matters you should take care of in order to protect your new status as a couple. Let’s take a look at them:

Create or update your will

If you, or your spouse, have a will, it will need to be updated to reflect this major life change. If you don’t have one, now’s the time to create a will that covers both you and your spouse. Even if you do not own many things, you should have a say in how your assets are distributed. Without a will, your state’s laws will determine how your assets are passed on. If you have children from a previous marriage, or other beneficiaries you want to provide for, outlining these specifications in your will can help prevent issues once you pass away.

You may also want to designate who inherits assets should something happen to both of you. If you have surviving parents, siblings or other family members that you want to name, doing so can prevent problems later on. Many states follow an intestate succession that distributes assets according to their guidelines if the decedent did not have a will.

Get life insurance

Do you have a policy? If so, make sure that your spouse is named as the beneficiary if you want them to receive benefits should you pass away. If you do not have a policy, you should consider getting one in order to protect your spouse should something happen to you. If you take on higher expenses as a couple, that one of you could not manage alone, this can help protect the surviving spouse should something happen. It is also important to have a policy in place if you have children, either with your current spouse or a former partner.

You can also check into combining your car insurance in order to save money on the policy. You can also consider getting insurance on any large purchases you may have made, such as your wedding rings.

Update your policies

Once you’ve taken care of your life insurance, don’t forget to update your other policies as well. These include retirement accounts such as 401ks, IRAs or other investment accounts. Even if you designate that your spouse gets all your assets upon your death, the name on these policies will override what your will says.

Klish and Eldreth | Estate Lawyer in Cary NC

If you need help with any of these matters, make an appointment with our estate lawyer in Cary NC at Klish and Eldreth. We have experience helping newlyweds plan their estates. Check back for the second part in this series to learn more tips for planning your estate as a newlywed.

November 3, 2016
by Raleigh Lawyer
Comments Off on Works Protected by Copyright, continued

Works Protected by Copyright, continued

Welcome back. We are here to talk more about copyright and the works that it protects. If you missed our previous blog, be sure to visit back. Below, you’ll find a quick recap of all works protected by copyright.

Copyright Protection | Copyright Lawyer Raleigh NC

 

Almost any form of expression could qualify as a tangible medium that would be eligible for copyright protection. The U.S. Copyright Office lists the following as works that can be protected:

  • Literary works
  • Musical works, including any accompanying words
  • Dramatic works, including any accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Architectural works

The categories are broad and can include novels, plays, poetry, songs, artwork, sculptures, computer software or applications and drafts of buildings. Some works may fall under more than one category, such as a drawing of a building. A musical play that includes dance could fall under both the musical and choreographic categories.

The work does not have to be published in order to qualify for a copyright but it does need to have been recorded in some form, whether on paper, as an audio recording or broadcast. If you have written a book but it has not been published, you can still register for a copyright for protection against someone else using it or claiming it as their own. However, if you give a speech that you did not write down beforehand, or have it recorded as you spoke, then it is not eligible for a copyright because it is not available in a tangible form.

Copyright protection does not include lists of parts or ingredients. For instance, a recipe can only get a copyright if it is more than just a list of ingredients. It must include an explanation and directions, or perhaps a story. If you want to copyright a recipe that has a secret ingredient or method of preparation, remember that copyrights are public record so it may not stay a secret for long.

It also does not cover facts, systems, slogans, typography, or methods of operation. If you have a slogan or phrase you want to have exclusive rights to, you may be able to get a trademark for it. If you have a design or logo that is an original creation, you may qualify for a copyright. You can contact an attorney who knows about intellectual law and can help you determine if you need a copyright or a trademark.

Copyright protection is not available for work such as tape measures, rulers, calendars, height and weight charts or other things that are considered common property and have no original author. It is also not available for names, even if you are the only person in the world with that name.

Klish and Eldreth | Copyright Lawyer Raleigh NC

It’s easy to make mistakes when it comes to copyrighting works and making sure you don’t infringe upon someone elses work.  Don’t allow those mistakes to create problems for you in the future. Contact us for more information about our infringement services provided by our copyright lawyer in Raleigh NC, and other services that may be of use to you or someone you know.

November 1, 2016
by Raleigh Lawyer
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Works Protected by Copyright

A copyright gives someone legal rights to the work that he or she created. The work is considered intellectual property but it has to be in a tangible form. It cannot just be an idea. It must be written or otherwise recorded in order to secure a copyright. It also has to be an original work. Below, our copyright lawyer in Raleigh NC talks more about the matter. 

Protected Copyright Works | Copyright Lawyer Raleigh NC

Sometimes the works that can be protected by a copyright are hard to determine, especially if the work uses common phrases or facts, or if it is similar to another work. As long as the work is not directly copied from someone else, it can be protected with a copyright.

Almost any form of expression could qualify as a tangible medium that would be eligible for copyright protection. The U.S. Copyright Office lists the following as works that can be protected:

  • Literary works
  • Musical works, including any accompanying words
  • Dramatic works, including any accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Architectural works

The categories are broad and can include novels, plays, poetry, songs, artwork, sculptures, computer software or applications and drafts of buildings. Some works may fall under more than one category, such as a drawing of a building. A musical play that includes dance could fall under both the musical and choreographic categories.

Copyrighted works are protected so that others cannot use them in their own work, reproduce them, share them, or make alterations to them. For example, when an author copyrights his novel, poem, or other written work, he has the right protect that work and prevent others from using it or making changes to it. If that protection is violated, the infringer may be facing legal action and fines.

For more information about works protected in copyright, be sure to visit back with our blog soon. Our copyright lawyer in Raleigh NC will offer more, in hopes to help you better understand this legal matter.

Klish and Eldreth | Copyright Lawyer Raleigh NC

Sometimes, infringement may be committed unwillingly as writers don’t mean to violate the copyright on a novel that they read years ago. To ensure that you do not accidentally infringe, it may be best to allow your entertainment lawyer to read over your written work before you publish it. Klish and Eldreth, PLLC, will be glad to read your work and help ensure you are not violating any intellectual property laws.

It’s easy to make mistakes. Don’t allow those mistakes to create problems for you in the future. Contact us for more information about our infringement services provided by our copyright lawyer in Raleigh NC, and other services that may be of use to you or someone you know.

 

October 31, 2016
by Raleigh Lawyer
Comments Off on Guardianship in Estate Planning, continued

Guardianship in Estate Planning, continued

Welcome back. We are here to talk more about guardianship and estate planning in Cary NC. Sometimes, we don’t consider the two as equally important. However, they are. Below, you’ll find more information about understanding them.

Guardianship and Estate Planning in Cary NC

The second application is with a grantor’s children, grandchildren, or minor beneficiaries. If a child’s parents die, the issue arises as to whom takes control of the child. The court should always have final say. This is due to the fact that the court will make sure they rule in favor of the child’s best interest.

However, there is a law that states the court shall give considerable deference to a parent’s guardianship nomination in that parent’s Last Will. Therefore, if Janice would prefer that her child goes to her level-headed sister, instead of Janice’s kooky father, then she should have a Will with the guardianship provision (otherwise, Janice’s father will most likely have priority).

Guardianship is different than child custody, in that guardianship (for minors) typically involves when there’s no living parent, whereas custody deals more with living parents or family members fighting over a child due to an estranged relationship.

In another situation, families can protect their incompetent adult relative by establishing a guardianship. In this case, the incompetent adult can no longer care for themselves. If you need assistance with this situation, please consider contacting our estate lawyer in Cary NC for help.

Klish and Eldreth | Estate Planning in Cary NC

When creating an estate plan, we can factor in what may happen, as aging occurs. Planning to have someone specific take care of us, our spouse or children in the event of an untimely death or incapacitation is key. This can ensure protection so that wishes are carried out even when we are no longer able to express ourselves.

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyer in Cary NC can  help you get an estate plan and necessary documents in order and ready. That way, if you should you pass in an untimely manner or become incapacitated at some point, your assets will be protected and a guardian of your choice can be appointed. It’s better to be safe than sorry when it comes to estate planning. Contact our office, and get started now.

 

October 31, 2016
by Raleigh Lawyer
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Guardianship in Estate Planning

Guardianship in estate planning in Raleigh plays two important roles. It’s important to understand why. Today, we will talk about this, focusing on Powers of Attorney, as well as protecting children, grandchildren, and any other potential minor (non-adult) beneficiaries.

Guardianship in Estate Planning in Raleigh NC

By creating Durable Powers of Attorney for financial care and Health Care Powers of Attorney for medical assistance, in the event that the grantor becomes incompetent, his Power of Attorney will be able to make important decisions in the grantor’s stead. If, by chance, someone gets hurt and needs IRA monies to pay for expenses, then a Durable Power of Attorney can liquidate the IRA to obtain that money. Additionally, if someone is in an accident and a doctor needs permission to perform a critical surgery, the Health Care Power of Attorney can make such decision on behalf of the grantor.

If a person doesn’t have a Durable Power of Attorney or a Health Care Power of Attorney, then there is legally no person that can. People are often mistaken that a spouse or children get to make these decisions. But legally, no person can except for a Power of Attorney OR a guardian.

If someone does not appoint a Power of Attorney, therefore an adult child client is unable to help an incompetent parent financially or physically. It should, at that point, become up to the court to appoint a guardian. By having the Powers of Attorney, this process shouldn’t be necessary.

To learn more, visit back with our next blog post. Also contact our lawyer in Raleigh NC with any questions you may have.

Klish and Eldreth | Estate Planning in Raleigh NC

When creating an estate plan, we can factor in what may happen, as aging occurs. Planning to have someone specific take care of us, our spouse or children in the event of an untimely death or incapacitation is key. This can ensure protection so that wishes are carried out even when we are no longer able to express ourselves.

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our lawyer in Raleigh NC can  help you get an estate plan and necessary documents in order and ready. That way, if you should you pass in an untimely manner or become incapacitated at some point, your assets will be protected and a guardian of your choice can be appointed. It’s better to be safe than sorry when it comes to estate planning. Contact our office, and get started now.