Alexa's Publishing Chat

Protecting Your Creative Legacy: Estate Planning for Authors & Publishers with Kelley Way {ep. 153}


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In this episode, Alexa and Kelley discuss:

  • The importance of estate planning for authors and publishers
  • Alexa’s personal experience with a medical crisis that made her rethink the future of her business and books
  • Why copyrights are considered part of your estate and what happens to them when you pass away
  • How copyright transfers work and why it’s crucial to have a legal plan in place
  • The difference between a will, a trust, and an LLC—and how they impact the management of your creative assets
  • How to ensure royalties continue being paid to the right people after you're gone
  • Special estate planning considerations for single-member LLCs and small publishers
  • Why having a beneficiary form for authors under a publishing contract is a smart move
  • The legal process of transferring copyrights into a trust
  • Why a simple text to your loved ones about your assets is not enough
  • How probate can be a nightmare (especially in states like California and South Carolina)
  • Why the termination right in copyright law is a key factor when considering who will inherit your creative works
  • The steps authors and business owners should take today to start planning for the future


🔹 Guest Speaker: Kelley Way
Kelley Way is an estate planning attorney specializing in copyright, trademark, and estate law. She also writes young adult fantasy fiction and provides resources for authors looking to protect their work legally.

📌 Action Step:
Visit Kelley’s website at kawaylaw.com to check out her blog, sign up for her newsletter, and find more resources on estate planning for authors.

🎤 Upcoming Event:
Kelley will be speaking at the 2025 Women in Publishing Summit on copyright and fair use—covering what authors need to know about protecting their work and legally using content in their books.

Grab your ticket here or join us at an upcoming event from the Events Page.

📚 Additional Action Steps:

  • Find an estate planning lawyer in your state
  • Consider creating a trust or adding copyright transfers to your will
  • Ensure your business has a clear plan in place for royalties, contracts, and book rights
Don't wait until it's too late! Take steps today to secure the future of your creative work.


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Alexa's Publishing ChatBy Alexa Bigwarfe

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