Are Your Literary Affairs in Order? Got Codicil? by Rolynn Anderson (To Comment, click here)

Two events prompted me to update my will: My upcoming trip to Europe and my soon-to-be-released sixth book.  Yup.  Time to get my literary affairs in order.

The questions driving my action:  When I die, who’s going to take care of my books?  And who gets to rake in the royalties for sales? (She said, hopefully.) Finally, in light of what happened to Harper Lee, what happens to the unfinished books under my bed?

I’ve been reading articles about literary wills over the years, each time, thinking, Do this! Now, I am not an attorney and I did not consult one to check my process, so please don't take this as legal advice. Google and author friends suggested this path; I needed a cheap shortcut so I took it.  I found the following article on line, and used some wording from it: http://www.copylaw.com/new_articles/finaldrafts.html  Julian Block, who writes about helping our heirs in the December 2014 issue of RWR says more about the issues in her blog.  http://www.indiesunlimited.com/2015/01/26/when-your-books-outlive-you-estate-planning-experts-offer-advice-for-writers/ I'm going to put a copy of each of these articles in with my will to help my executors with their duties.

I already had a will (a living trust), so what I decided to do was attach a codicil to my existing document.  I found the form for a codicil on line and adjusted it for my own needs.  Grab a copy of that bare-bones document on the end of this entry.

The duties and rights of my executor:

•    The (Executor will have the sole and exclusive right to make all decisions regarding appropriate publication, republication, sale, license or other exploitation of _________’s works.

•    The Executor will not be responsible for preparing unfinished or unpublished manuscripts for publication and seeing those works through publication. 


•    The Executor will have the right to terminate copyright licenses and contracts with publishers.

•    The Executor will have the right to market ____________’s works as he/she sees fit. 


•    The Executor will have the power to destroy any letters or papers he/she believes should be destroyed. 


•    The Executor receives a 15% commission for services and will be reimbursed for expenses, maintaining a separate bank account for such monies, distributing shares (as determined in the Last Will and Testament) at times of his/her choosing.

•    The Executor will have the sole right to sue for infringement of copyrights. 


•    The Executor will have the authority to pay attorneys, agents, subagents and others.

•    In the event the Executor (________) is unwilling or unable to perform his duties, his successors as stated on Page 1, “Family, Executor Identified,” will be _____, _______, then_________

This last bullet is key.  I thought long and hard about which of my friends and/or relatives would most likely have the skill to execute my wishes after my death and after my husband’s death.  I have a younger brother who writes/publishes non-fiction so he was an obvious first executor, but I also wanted to name a successor from the younger generation, and chose a niece.  She is a financial wizard and good with social media.

I checked with my potential executors to see if they were willing to take on these duties, then I had the codicil witnessed, notarized and attached to my will.  I sent a copy of the will and amendment to my executor. 

Whew!  I feel better.  Now my job is to keep a folder updated with what's going on with each book and where to find my important passwords.  

Something easier to talk about: here’s the fifth book I’ve just released, called FEAR LAND:

http://amzn.com/B012JE75ES    

Check out my website: http://www.rolynnanderson.com

“Rolynn Anderson’s writing is tight and stays on point, always following the plot through

to the nail-biting climax.” –Melissa Snark

****

Tally hates to hear rants from people’s brains.  What does she do when those mind-screams threaten

the man she loves?

****

Tally Rosella, an acclaimed psychiatrist who helps children fraught with anxiety, avoids adults because their brains rant at her.  But the chance to start a second child study and connect her findings to PTSD, sets her squarely among devious colleagues at a big California university.

Army Major Cole Messer, Tally’s new neighbor, won’t admit that trauma from combat tours in Afghanistan, destroyed his marriage and hampered his ability to lead.  As a teacher of college ROTC and single parent, he’s focused on enrolling his highly anxious son in Tally’s study and getting back to active duty.

Someone is dead set against Tally’s presence at the university, and blowback from her battles with co-workers put Cole and his son in jeopardy.  Watch what happens when people struggling with shades of anxiety collide with corrupt, revengeful foes.

Here's the Amendment I found on line:  

Codicil to Last Will and Testament

of ___________

I, _________, the Testator, being of legal age and of sound and disposing mind, memory, and understanding, and not acting under fraud, duress or the undue influence of any person whomsoever, do hereby make, publish and declare this to be a Codicil to my Last Will dated _____, and located with/at ____________

Amendments are boldfaced:

I amend that section entitled Family, Executor Identified, paragraph Second, commencing on Page 1 of my Last Will, such that after this amendment it will read as follows:

ARTICLE Second:  (A) Executor.  I name _________executor of this Will.  If ________ fails or ceases to serve, _________ shall serve as executor.  __________ fails or ceases to serve, ________ shall serve as executor.  If ________ fails or ceases to serve, ______ shall serve as executor. If C__________ fails or ceases to serve, _________ shall serve as executor.

I amend that section entitled POWERS commencing on Page __ of my Last Will, such that after this amendment it will read as follows:

POWERS: ADD SECTION (I) ON PAGE __ POWERS OF THE EXECUTOR –__________’s LITERARY WORKS:  

•    The (Executor will have the sole and exclusive right to make all decisions regarding appropriate publication, republication, sale, license or other exploitation of ____________’s works.

•    The Executor will not be responsible for preparing unfinished or unpublished manuscripts for publication and seeing those works through publication. 


•    The Executor will have the right to terminate copyright licenses and contracts with publishers.

•    The Executor will have the right to market _________’s works as he/she sees fit. 


•    The Executor will have the power to destroy any letters or papers he/she believes should be destroyed. 


•    The Executor receives a 15% commission for services and will be reimbursed for expenses, maintaining a separate bank account for such monies, distributing shares (as determined in the Last Will and Testament) at times of his/her choosing.

•    The Executor will have the sole right to sue for infringement of copyrights. 


•    The Executor will have the authority to pay attorneys, agents, subagents and others.

•    In the event the Executor (________) is unwilling or unable to perform his duties, his successors as stated on Page 1, “Family, Executor Identified,” will be _____, _______, then_________

•   I republish and reaffirm my Last Will, and any previous Codicils as amended by this Codicil as if such Will and Codicil(s) were set out in this Codicil in full, and incorporate it/them by this reference to such Will, and republish and declare my Last Will, as amended, to be my Last Will.

IN WITNESS WHEREOF, I have hereunto set my hand at __City and State___ on Date:_____________

                                                                                                                                     (date)                                                                         

______________________________                   _______________

SIGNATURE                                                                            Printed Name

STATE OF: ___________                                                           

                                                 ss.

County of: ___________

Each of the undersigned, being first duly sworn, states that:

1) I am over the age of eighteen (18) years and competent to be a Witness to the Codicil of _____________, the Testator.

(2) The Testator, in my presence and in the presence of the other Witness whose signature appears below:

(a) Declared the foregoing instrument, consisting of two (2) pages, of which this is the last, to be Testator’s Codicil;

(b) Requested the other Witness and me to act as Witnesses, and to make this affidavit; and

(c) Signed such instrument.

(3) I believe the Testator to be of sound mind, and that, in so declaring and signing, Testator was not acting under any duress, menace, fraud, or undue influence.

(4) The other Witness and I, in the presence of the Testator, and of each other, now here affix our signatures.

_______________________________                      ___________________________

WITNESS SIGNATURE                                                 WITNESS SIGNATURE

________________________________                    ___________________________

WITNESS NAME (TYPED OR PRINTED)                         WITNESS NAME (TYPED OR PRINTED)

ADDRESS:______________________                       ADDRESS:________________________

______________________________                        _________________________________

______________________________                        _________________________________     

                                                                                     

SIGNED before me on:_____________      _________________________

                                                                        (Date)                          (Signature)

Notary Public for:_______________________________

My appointment expires:_____________________

CITY __________________, COUNTY:_____________________,      STATE:______________

Page 2 of 2 – CODICIL TO LAST WILL and Testament

 of __________________