How to Appoint a Literary Executor
- 1). Discuss the appointment of your literary executor with an attorney. Answer her questions to ensure that she understands all of your needs and concerns. The discussion helps her craft a new will or a codicil to your existing will that appoints your literary executor.
- 2). Tell your attorney what the precise scope of your literary executor's duties should be. Your options include giving the literary executor broad powers to make all decisions related to your literary works and papers or appointing the literary executor merely as an adviser to your estate's general executor.
- 3). Provide your attorney a thorough list of the specific powers and responsibilities your literary executor should have. This list helps her draft a comprehensive legal instrument to help prevent disputes about your literary executor's role. Your options include giving the literary executor the right to publish unfinished or unpublished manuscripts, the right to preserve or destroy your literary papers and letters, and the authority to pay attorneys, agents, accountants and others.
- 4). Alert your attorney if you don't want your unfinished or unpublished works published. The appointment document should unequivocally state your desires on this issue. Your literary executor may face intense pressure from heirs and publishers to permit publication of your unfinished or unpublished works.
- 5). Give your attorney the details about the compensation arrangement you've negotiated with your literary executor. If you and the executor have not agreed on compensation, base it on the scope of the executor's duties and the time commitment it requires. Discuss the process to appoint a successor for your literary executor with your attorney. Options include giving a specific heir the power to appoint a successor or, if your agent is your literary executor, designating another agent as the successor.
- 6). Instruct your attorney to draft amendments to your will. The codicil serves to appoint your literary executor. Alternatively, instruct your attorney to draft a new will that incorporates the appointment of your literary executor, if you do not have a will or if your attorney advises creating a new will.
- 7). Review the draft of the codicil or the new will. Instruct your attorney to make revisions, if any.
- 8). Sign the codicil or new will. Have witnesses sign the document to certify that you have amended your existing will or made a new one.
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