Intellectual property ownership and its implications for ordinary people and estates.

In 2023, the music industry witnessed a groundbreaking shift, as iconic bands like ABBA, KISS, and the Beatles embraced the digital frontier. These legendary acts showcased new digitally created content, with ABBA and KISS debuting live shows featuring their digital avatars. While this development opens up exciting possibilities for entertainment, it also raises questions about intellectual property (IP) ownership and its implications for ordinary people and their estates.

The Beatles’ so-called “final release” was a single called “Now and Then” based on a demo cassette created by John Lennon, who was tragically slain in 1980. While most of us won’t have a posthumous hit single, it’s not rare for deceased authors to have their unpublished—or even unfinished—novels see success in print and film. Famous examples include The Girl with the Dragon Tattoo by Stieg Larsson and Dragon Bones by Michael Crichton. Retired athletes have played again (at least in video games), and aging or passed actors have appeared as their younger selves in films. Another scenario might be for those who hold a patent that didn’t go into mass production during their lifetime, only to become incredibly profitable later. Here’s the big takeaway: Your IP might be more valuable than you realize, so consider consulting a legal professional who can offer guidance.

With the advent of digital avatars, the concept of retirement for musicians has taken on a new meaning. KISS, known for their theatrical performances and larger-than-life personas, surprised the world with their transformation into a digital-only band. After their final live performance, KISS unveiled their digital avatars designed to continue performing concerts indefinitely. Utilizing motion capture technology, the rock icons created a “superhero version” of the band, ready to rock for eternity. The “new KISS era” promises never-ending concerts, with the digital avatars capable of performing simultaneously in multiple cities, ensuring that the band’s brand as entertainment endures long after its original members have departed.1

ABBA, another legendary band, has embraced the digital revolution with avatars. Collaborating with the same creative minds behind KISS’ digital transformation, ABBA’s avatars have captivated audiences with their live shows. As the popularity of digitally created content grows, it is conceivable that ABBA’s and KISS’ avatars may eventually compete for concert space, further blurring the line between reality and virtual performances. Artists once relied on their physical presence and performances to generate revenue. The advent of digital clones now introduces the possibility of perpetual income streams from virtual performances. Artists and creators may need to adapt their strategies to embrace this new reality, exploring avenues for licensing, merchandising, and virtual experiences.

The concept of an artist’s estate may undergo significant changes in the digital era. With the potential for avatars to continue generating revenue long after an artist’s passing, careful estate preparation becomes crucial. Artists and creators must consider how their IP and the resulting royalties are scheduled to be managed and protected, helping to structure their legacy so that the financial benefits it generates remain preserved for future generations. There are limitations; your legal strategy should have contingencies for unintentional patent or copyright infringement, both during your lifetime and beyond.

How might you consider the future of your creative work, patents, likeness, and other IP? Could these be important factors in your retirement strategy and beyond? While these advancements present exciting opportunities, they also require careful consideration of ownership, management, and estate strategy. You must also consider potential risks, including infringement on the IP of others. As this chapter of the digital revolution unfolds, individuals and industries must navigate this new landscape to ensure a sustainable and prosperous future for creators and audiences alike.

1. Apnews.com, December 2, 2023
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG Suite is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright FMG Suite.

Do you have intellectual property? Consider how you might include your IP into your estate strategy in this detailed article.

Among the many considerations to ponder when forming your estate strategy, intellectual property (IP) is among the more important and misunderstood. The phrase itself may be somewhat confusing, as people may not know whether it applies to them or their assets. To clear things up, let’s start by defining what exactly is meant by intellectual property.

IP embraces four distinct areas of consideration: patents, trademarks, copyrights, and trade secrets. Let’s look at each of these in a little more detail:

  • Patents are any property rights registered through the U.S. Patent and Trademark Office for an original invention, such as a process or machine. When the office deems an invention to be patentable, inventors are awarded a patent that helps to protect their investment. These include design patents (think of the distinct shape of a sports car or Coca-Cola bottle), utility patents (for things such as software, applications, and pharmaceuticals), and patents for new varieties of plants (e.g., a new variety of rose or a fruit tree with unique properties).1
  • Trademarks cover many of the items used to identify a product or service, including service marks and trade dress. Trademark owners may assign their ownership or bequeath the rights. What counts as a trademark? Think of McDonald’s Golden Arches or the symbols associated with Amazon, Netflix, Disney, and other media companies. Trademarks can also extend to colors, fonts, and even specific words associated with a product or service.1(Companies are mentioned for illustrative purposes only and not as a solicitation for the purchase or sale of their securities. Any investment should be consistent with your objectives, time frame, and risk tolerance.)
  • Copyrights as defined by copyright law protect and guard the rights of creators of original works. This does not cover your idea for a mystery novel, but, if you write that novel, you automatically have copyright to your work. A copyright extends to poetry, works of fiction and nonfiction, music, the visual arts, podcasts, and most tangible works of expression. Creators hold what is called the original work of authorship, which entitles them to the copyright, and they have the option to register it with the U.S. Copyright Office. While registration is not required, it can strengthen the author’s rights. Copyright assets can be transferred under an estate strategy, but the protection doesn’t last forever (see below).1
  • Trade secrets belong to a company and may be defined as confidential business information that provides a competitive edge; this nonpublic knowledge has monetary value and provides information. You can probably think of a few famous trade secrets, such as the formula for Coca-Cola or Colonel Sanders’ eleven herbs and spices for KFC. The company that owns a trade secret must take steps to maintain it, because it’s no longer protected once it becomes publicly known. Unlike copyrights, trade secrets can be tangible or intangible. For programmers, for instance, the biggest secret in the tech business is probably Google’s search algorithm. If you own a company, your trade secrets will need to be factored into your estate strategy. You can require beneficiaries to sign confidentiality agreements and make provisions for the continued preservation of trade secrets.1(It bears repeating that the mention of any company is for illustrative purposes only. It should not be considered a solicitation for the purchase or sale of its securities.)

With all that in mind, it’s clear that IP represents a considerable amount of work on the part of you or the company that you run. For that reason, it’s important to incorporate it into your estate strategy in a way that continues to create value and meet your personal expectations.

IP can be one of the more valuable assets in an estate, but it can also be difficult to value and manage. Your estate professionals should take an inventory of IP assets and consider having IP counsel assess their scope. It’s also important to consider creators’ personal preferences for the ongoing treatment of their IP to ensure it’s managed according to their wishes. For instance, they might not want a song they wrote to be used to sell products.

Before including IP in an estate strategy, it’s important to confirm ownership, as the original inventor or creator may not be the sole owner of the rights to the invention or creative work. Joint inventors or creators may have agreed on various percentages of ownership. Additionally, the IP may have been assigned to another person or entity, transferring some or all rights. Employment agreements should also be reviewed to determine which rights can be passed on to beneficiaries.1

The value of IP also depends on the remaining life of the asset. Patents have a fixed term of either twenty years (for utility patents) or fourteen to fifteen years (for design patents). Copyright protection lasts for the author’s lifetime plus seventy years, but, for older copyrights, there is a different cutoff. In 2024, all works from 1928 and earlier entered the public domain. Trademarks and trade secrets can last indefinitely if they continue to be used or have commercial value. Keep in mind that IP rules change constantly, and there is no guarantee that they will remain the same in the years ahead.1

While the value of IP may be in flux, certain benchmarks can be considered. Past licensing agreements can provide insight into the value of the IP as well as whether the rights granted were exclusive or nonexclusive. Non-exclusive rights allow for potential expansion of licensing opportunities, whereas exclusive rights have a fixed value and timeline. Other valuations for IP assets, such as for sale, taxes, or business transactions, should also be reviewed. The absence of a valuation can negatively impact the value of the IP assets.1

Certain types of IP, such as copyrights, are valued based on potential future revenue. Hiring a professional expert or appraiser in the specific field of the IP can determine present and future value. Descendants of copyright owners can terminate assignments of copyrights to regain bargaining power for creative works. Also, court decisions can render patents invalid, making them financially worthless. It’s important for your estate professionals to consult with IP counsel to assess the risk of invalidation for patent assets.1

Overall, protecting creators’ personal legacies requires careful consideration of their wishes for their IP rights. By including specific instructions in the estate strategy, you can ensure that their work is handled in a way that aligns with their personal preferences and helps preserve their legacy.

When factoring your IP into your estate strategy, you must carefully consider a number of factors to pass this legacy on to your heirs. Working with your financial team, you’ll be able to determine how best to incorporate your IP into that strategy so as to continue providing for your beneficiaries.

1. TrustandWill.com, November 12, 2025
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG Suite is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright FMG Suite.

Determining the value of your estate, or for someone who has passed away, can be a complex undertaking.

Determining the value of an estate is a fundamental first step in estate management and a critical requirement for settling a decedent’s estate.1

How to Assess the Value of an Estate

  1. Select the date of calculation. Because values move up and down, you need to set a specific date for a valuation. For a living person, you are free to pick any date. If you’re assessing the value of a decedent’s estate, you may choose either the date of death or the date six months after their death (the “Alternate Valuation Date”). If you use the Alternate Valuation Date, any asset sold or distributed during the first six months following the death must be valued as of the date of sale or distribution.2
  2. Determine the assets comprising the estate. This asset list should include everything an individual owns or has ownership interests in.
  3. Gather all financial statements as of the date of calculation. If an account is owned individually, the entire value should be calculated in the estate. If owned jointly with a spouse who has rights of survivorship, then 50 percent of the value should be included.
    Remember to:
    -Deduct any outstanding mortgage balance.
    -Include life insurance when the policy owner is the deceased individual or the beneficiary is the decedent’s estate.3
  4. Calculate deductions. Subtract any debts from the total value of assets. For the decedent, this may also include any regular bills that may be due (e.g., utilities, medical expenses, etc.), charitable gifts, and state tax obligations.

Assessing the precise value of an estate can be complicated, especially when settling an estate. Please consult a professional with estate expertise regarding your individual situation.

1. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation.
2. Investopedia.com, April 19, 2025. The article assumes the deceased has a valid will and has named an executor who is responsible for carrying out the directions of the will. If a person dies intestate, it means that a valid will has not been executed. Without a valid will, a person’s property will be distributed to the heirs as defined by the state law.
3. Several factors will affect the cost and availability of life insurance, including age, health, and the type and amount of insurance purchased. Life insurance policies have expenses, including mortality and other charges. If a policy is surrendered prematurely, the policyholder also may pay surrender charges and have income tax implications. You should consider determining whether you are insurable before implementing a strategy involving life insurance. Any guarantees associated with a policy are dependent on the ability of the issuing insurance company to continue making claim payments.
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG Suite is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright FMG Suite.

An article informing readers about the threats of Identity Theft.

We’ve witnessed firsthand the effects of identity theft on individuals and families. These incidents underscore the need to consider a few proactive measures to help protect against this pervasive threat.

Let’s examine some of the signs of identity theft and review some strategies that can help safeguard your personal information.

The Threat

Identity fraud claimed $47 billion in 2024, up from the prior year. Recognizing some of the signs of identity theft is crucial in potentially safeguarding personal information. Key indicators include unexpected bills or charges, inaccuracies in credit reports, and unauthorized account openings. Vigilance and proactive measures, such as placing fraud alerts, freezing credit reports, and promptly reporting suspicious activities, may be important in managing risks.1

Statistics

The financial repercussions of identity theft can extend far beyond the actual dollar amount of the loss, which averages $497 across all types of fraud. Victims often endure prolonged periods of stress and uncertainty. Moreover, the aftermath of identity theft can manifest in various forms, such as denial of new account applications, credit complications, and underreported incidents.2

Graphic sayys Identity Fraud claimed $47 billion in 2024

Steps to Take

Identity theft protection services offer valuable insights to combat fraud, including early detection of potential threats. By leveraging technology to monitor online platforms, these services empower individuals to manage their identities and limit fraudulent activities.

Further Steps Might Include:

  • Using security software on all of your digital devices.
  • Setting your phone apps to update automatically, potentially protecting against security threats.
  • Adopting multi-factor authentication on your devices.
  • Backing up all of your data to either an external hard drive or a cloud-based service.

Graphic says Security Update, Auto Update

While the specter of identity theft looms large in today’s digital landscape, adopting a proactive approach to protection is a first step. By staying informed, remaining vigilant, and investing in comprehensive identity theft prevention services, individuals can help fortify their defenses against this pervasive threat in an increasingly interconnected world.

1. AARP.org, March 25, 2025.
2. FTC.gov, August 26, 2025.
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG Suite is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright FMG Suite.

Review your legacy approach regularly, particularly following significant life events or legislative updates.

Once an estate strategy is in place, it should only require periodic reviews to check that it still reflects your wishes. However, life events such as marriage, divorce, births, deaths, relocations, health changes, business sales, and changes in tax law may prompt you to reconsider part of your overall strategy.

The world of estate strategies is changing, as covered in the Trust & Will 2025 Estate Planning Report. Did you know:

  • While 83 percent of Americans acknowledge the importance of their estate, only 31 percent have established a will.1
  • Almost one in four Millennials and Gen Zers prefer trusted friends or professionals over family members, selecting them as executors and guardians.1
  • Financial anxiety, as 49 percent of Americans are more worried about their economic future than they were a year ago.1
  • Inflation, with 78 percent of Americans reporting that it has made pursuing their life goals more difficult.1

These statistics underscore the need for everyone, regardless of their economic level, to maintain an estate strategy that reflects their current needs.

Here are some general guidelines, although everyone has unique financial circumstances. You might want to update your strategy in case of:

  • Marriage or divorce within your family or heirs
  • Births, adoptions, and deaths
  • Any relocation, especially if you’re contemplating a move to another state, as laws might have subtle differences

Here are some other reasons to update your estate strategy:

  • You’re experiencing a health change
  • You are considering the sale of a business and want to update how the assets will be handled in your estate strategy
  • Changes in federal tax law
  • Changes in state tax law, including inheritance tax law
  • You have decided to change your beneficiaries

If it’s been a while, are you confident that your estate strategy proactively addresses potential challenges, seizes new opportunities, and optimizes the distribution of your assets according to your wishes? Many individuals will hold a family meeting to explain the estate’s structure and their decisions regarding it.

Estates are complicated. Getting started with online tools can be a great first step. But you might want to work with an estate professional who can ask you tough questions.

1. Trust & Will 2025 Estate Planning Report, 2025.
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG Suite is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright FMG Suite.

An overview of some fundamental steps when a loved one passes.

When you lose a spouse, partner, or parent, the grief can be overwhelming. In the midst of that grief, life goes on. There are arrangements to be made, things to be taken care of – and in recognition of this reality, here is a checklist that you may find useful at such a time.

First, gather documents. Ask for help from other family members if you need it. Start by gathering the following.

  • A will, a trust, or other estate documents. If none of these exist, you could face a longer legal process when settling the person’s estate.
  • A Social Security card/number. Generally, the person’s Social Security number will be retired shortly following the death. If you are uncertain, consider checking with the Social Security office.

Then, gather these additional highly important items.

  • Any account statements
  • Deeds/titles to real estate
  • Car titles or lease agreements
  • Storage space keys/account records
  • Any bills due or records of credit card statements
  • Any social media platform information, if applicable

Last, but not least, look for a computer file or printout with digital account passwords. Prior to their loved one’s passing, some family members may try to centralize all this information or state where it can be found.

In addition, see if the person left a letter of instructions. A letter of instructions is not a legal document; it’s a letter that provides additional and more-personal information regarding an estate. It can be addressed to whomever you choose, but typically, letters of instructions are directed to the executor, family members, or beneficiaries.

Next, take care of some immediate needs. One, contact a funeral home to arrange a viewing, cremation, or burial, in accordance with the wishes of the deceased.

Two, call or email the county clerk or recorder to request 10 to 12 death certificates; a funeral home director can often help you with this matter. (Counties usually charge a small fee for each copy issued.) Ten to 12 copies may seem excessive, but you may need that many while working with insurance companies and various financial institutions.

Three, if the person was still working, contact the human resources officer at your loved one’s workplace to inform them what has happened. The HR officer might need you to fill out some paperwork pertaining to retirement plans, health benefits, and compensation for unused vacation time.

Four, consider speaking with an attorney – this can be the lawyer who helped your loved one create a will or estate plan. Should your loved one die without a will, you may want to contact a lawyer for an overview of how the probate process will work and see to what degree you might become liable if your loved one had any outstanding debt obligations.

Five, resolve to keep track of any recurring debts that your loved one had set to autopay. Consider placing the monthly bills for these debts in your name (or another family member or the executor).

Notify creditors and credit card companies that were part of your loved one’s credit history. Creditors may want to know when existing debts will be paid, either by you or your loved one’s estate. You can also notify the “big three” credit bureaus – Experian, Equifax, and TransUnion – of their passing, which can usually be done online, over the phone, or by letter.

Following these steps, address financial, insurance, and credit matters. Investment and retirement plan accounts and insurance policies should have beneficiaries, so reach out to the financial and insurance professionals who helped your loved one as well as the person overseeing their workplace retirement plan. Talk with these professionals to learn about the possible tax implications from inheriting these assets.

State and federal taxes for your loved one will also need to be paid, and possibly, other taxes for the year of their death.

Remember, this article is for informational purposes only and is not a replacement for real-life advice, so make sure to consult your tax, legal, and accounting professionals before modifying your any tax or estate strategy.

If your loved one owned a small business or professional practice, a discussion with business partners (and clients) may be necessary as well as a consultation with the attorney who advised that business.

Look after your future. Working through several of these issues may help bring closure to your loved one’s estate.

The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG, LLC, is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright FMG Suite.
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