Writers in the Storm

By Susan Spann

Last month, my guest blog here at Writers in the Storm looked at some of the duties a literary executor performs [But What Does a Literary Trustee DO? (Part 1)] in the course of his or her duties. Today, we’ll finish up with a look at the executor (or trustee)’s other duties: long-term estate administration, distribution to beneficiaries and heirs, and resolution of estate-based conflicts.

Remember, we’re looking only at functions of a literary executor or trustee – a general executor (or trustee) will have additional duties (again, consult an attorney to find out more). Also, these functions are common to both executors and trustees, so although there are some differences between them, each will have to perform these duties: trustees when there’s a trust involved and executors when they’re acting on behalf of an author’s probated or non-probated estate.

LONG-TERM ESTATE (or TRUST) ADMINISTRATION

Once the estate is opened or the author’s trust is being administered by the successor Trustee named to act after the author’s death, and after the assets have been collected and a preliminary accounting accomplished, the executor or trustee will need to create a plan of distribution outlining when, and how, each of the author’s literary and intellectual property assets will be managed and, as appropriate, distributed to the beneficiaries named in the author’s will or trust.

In the case of a simple will or trust, the assets are usually distributed fairly quickly so no long-term administration is required.

When the author’s estate plan includes “life estates” (a situation where one person receives the income from an asset for his or her life and someone else receives either the income or ownership of the asset after the “life tenant” dies) or long-term instructions, however, the trustee or executor will need to manage some or all of the assets for an extended period of time. In most states, this means the executor will need to produce regular accountings of the trust assets and reports or other informational statements to tell the beneficiaries about the financial status of the trust (or estate). This usually requires the help of an attorney, and often also an accountant familiar with trust and estate accountings.

Seem confusing? It can be.

Before creating long, complex estate plans, be sure to consider these issues:

1.         Your named executor or trustee will need the business skills to handle long-term management and accounting of your literary assets.

2.         Long term estate or trust administration usually requires the help of an attorney and an accountant, so make sure your estate generates enough income to cover those costs as well as providing income for your beneficiaries.

3.         Most of the time, heirs do better with simple plans that avoid the costs and complexities of long-term estate administration.

DISTRIBUTION TO BENEFICIARIES AND HEIRS

When the will or trust contains instructions for assets to be distributed directly to heirs or beneficiaries, the executor or trustee will follow a three-step process:

1.         Create a distribution plan showing how the individual assets will be distributed or transferred to the named beneficiaries. If necessary, the executor or trustee will have this plan approved by a court, though most trusts don’t require court supervision.

2.         Distribute the assets to the beneficiaries (after court approval, if required) and obtain signed receipts from each beneficiary acknowledging receipt of the proper assets.

3.         Perform a final accounting and close the trust or estate. Sometimes this requires court supervision or approval (particularly in the case of an estate). Sometimes the estate or trust involves both short-term and long-term administration, in which case the executor or trustee will distribute some assets fairly quickly and then manage the rest of the assets over time.

RESOLUTION OF ESTATE-BASED CONFLICTS

Whether the estate involves only short-term administration and distribution, a combination of short and long-term duties, or a long-term administrative obligation, the executor or trustee will need solid conflict-resolution skills.

Sometimes conflicts arise between the various beneficiaries, either with regard to management of the various assets or to the way the assets are divided and distributed.

Sometimes the executor or trustee needs to negotiate deal terms, either with pre-existing publishers or with publishers and others who want to publish the author’s works for the first time after the author’s death.

In either case, the conflict usually resolves more easily, and with better results, if the executor or trustee has the skills to work with people and defuse tensions.

OTHER DUTIES

Literary executors and trustees have other duties, also, which may vary with the scope and contents of an author’s estate or trust. However, the duties we’ve looked at this month and last month give a fairly accurate summary of the standard obligations.

As a rule of thumb, the more complex your estate or trust, the harder your executor or trustee will need to work – so keep that in mind while planning your estate.

Next month, and appropriately as we enter the holiday season, we’ll take a look at the flip side of author estate planning: how to choose who inherits your creative works.

Have questions? Please feel free to ask in the comment section – I’d love to hear from you!

Susan Spann is a publishing attorney and author from Sacramento, California. Her debut mystery novel, CLAWS OF THE CAT (Thomas Dunne Books, July 2013), is the first in a series featuring ninja detective Hiro Hattori. Susan blogs about writing, publishing law and seahorses at http://www.SusanSpann.com. Find her on Twitter @SusanSpann or on Facebook.

   Writers in the Storm welcomes Jacqueline Diamond, author of over 95 novels, including romantic comedy, romantic suspense, fantasy, mystery and Regency historical romance. A two-time finalist for the Rita Award, Jackie received a Career Achievement Award from Romantic Times and is a former reporter and TV columnist for the Associated Press. She writes the Safe Harbor Medical miniseries for Harlequin American Romance and is revising and reissuing some of her old favorites as e-books.

 By Jacqueline Diamond

As a reader, you may scan dozens of covers each time you select a book. Some appeal to you instantly; some put you off. Others are confusing. You wonder, Why isn’t this obvious to the cover designer?

Then one day you self-publish a book and have to design, choose or commission a cover of your own. Even a previously published book needs a new design since rights to the original cover usually remain with the original publisher.

As your own artistic director, you’ll discover this seemingly simple task is more challenging than expected.

Five Tips To Get You Started:

1. The genre should be immediately apparent to the reader
2. The image and words should be easy to discern in a very small reproduction.
3. The colors should show up well against a white background.
4. Keep it uncluttered. Don’t try to include every element in the book.
5. Strive for an emotional connection with the reader.

One reader told me she bought my romantic comedy The Cowboy and the Heiress partly  because the cowboy was so cute. I designed this cover myself using Photoshop Elements and a model whose image I bought for $10 from a stock photo site. I also used visual elements (a wooden frame and magical wedding rings) from free sites such as Stock Xchng and RGBS Free Stock Photos, making sure to thank the artists.

Some authors are trained artists or have a family member who is. Others may choose to pay several hundred dollars for a professional cover.

Here are the basic cover design options:

•  Find and hire a professional designer. The results are likely (but not guaranteed) to please you and readers.
• Buy a cover from a site that will adapt pre-designed covers to your name and title. There are numerous choices, and the look is professional. However, you risk having a cover very similar to other books.
• Use an aspiring cover designer or other talented semiprofessional. You will pay less, or possibly nothing, and in return provide a credit and exposure. Results vary and you are not necessarily guaranteed exclusivity of design.
• If you have an artistic eye and are willing to spend the time, learn to use a program such as Photoshop or the simplified version, Photoshop Elements. You can purchase photos of models from a stock site such as  iStockphoto.com and Dreamstime.com. There are various pricing arrangements. I also buy many of images at ShutterStock. Canva has free as well as photos to purchase.
• Cobble something together with a less sophisticated program and hope for the best. This is risky in today’s competitive e-book market, especially for novels, but it suits some authors.

 A word on Photoshop: I don’t recommend trying the professional edition unless you’re a serious graphic designer. Photoshop Elements is more beginner-friendly, but if you have no digital design experience at all (I didn’t), it too can be daunting. If, like me, you would enjoy learning to design covers, it can be fun, but it’s definitely not easy. For starters, I recommend buying a copy of Photoshop Elements: The Missing Manual (here’s the link for the latest version, Photoshop Elements 11). This book provides an overview and a lot of helpful information. I also recommend subscribing to Photoshop Elements User.

Caution: if you use a picture of a “real” person, make sure you have a signed model release or buy it from a stock photo site that keeps these on record. I recommend against using any image that was simply posted on a sharing site, as you risk infringing on copyright.

There is no perfect answer for every writer or every book. I’ve used several approaches. My Regency romance covers, Lady in Disguise and A Lady's Point of View, etc. were professionally designed by Kelly at Custom Graphics at Etsy.

For my romantic comedy Yours, Mine and Ours, about a nanny who discovers she’s supervising her own triplets via egg donation, I bought a delightful stock photo of three children (I looked at hundreds of pictures before finding it). The background is a courtyard I photographed while on vacation, and touched up with Photoshop Elements.

Hope this helps start you on your journey to e-book cover success

Visit Jacqueline at:

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By Shannon Donnelly Everyone knows there’s a story arc—story goes up in tension, reaches a peak, and falls down. And there are character arcs, too, since story is character and character is story. But what about your scene arcs? That’s right—every scene needs an arc. Jack M. Bickham (a student of Dwight Swain, whose book Techniques of a Selling Writer I highly recommend) describes a scene as: “...a segment of story action, written moment-by-moment, without summary, presented onstage in the story ‘now.’” (From Scene & Structure, How to Construct Fiction with Scene-by-scene Flow, Logic and Readability) This means the scene starts, it has middle, and the scene ends. Wandering or pointless scenes need to be cut. But how do you make a weak scene better so you don’t have to cut it? 1—Make sure every scene has one focal character that comes into the scene wanting one thing (or in one state) and comes out changed. This is just as the character is changed during the entire story in a character arc. For example, a scene could be your main character wanting to ask her husband to fund a charity. The scene starts with the characters sitting down to dinner. As the scene progresses, the character may be diverted off her goal—perhaps her husband is called away on an emergency. That scene now ends with main character frustrated (she started optimistic, so she has changed state).

NOTE: Having one focal character does not mean you have to limit the viewpoint to one character. You can switch viewpoints. However, if you do, make sure you know if this gives you better tension and emotion. Otherwise, that viewpoint shift is a place where you risk losing your reader. In general, you want to use the viewpoint of the character with the most (emotionally) at stake. And change viewpoint only if the emotional stakes change, too.

2—In every scene, make sure every character wants something. And set up conflict so your main character doesn’t get what he or she wants too easily. In our above example, the husband may just want to eat his dinner. Or perhaps he’s thinking about business problems. Or maybe he’d rather slip into bed with his wife and money is the last thing on his mind. Checking in with your characters for what they want in every scene will help you avoid the dreaded “chit chat” when the dialogue is flat, or even worse, when the dialogue turns into stiff plot exposition. 3—Set the reader into the scene. Tell the reader when and where we are. Scenes need to start some place and be set in a world. If you throw the reader into the deep end without vivid details that “set” the setting, the reader’s interest will not be as strong as if you make the reader “see” and “feel” everything. 4—Make sure you introduce all characters. This is very important for a character the reader has never met before. Weave in a few details. You don’t have to dump information onto the reader, but a few brush strokes of description will make your scene better come to life. 5—Move the story forward. What this means is you must beware of flashbacks—they take the story backwards (or stop it dead). You want all your best scenes to be happening now. If the best story happened in the past, you need to look at telling that story. 6—Reveal and develop your characters in your scene. This is where the “show, don’t tell” advice comes in. Within a scene, you want to show your characters in action so the reader gets to know that person better (actions reveal character). If you were filming a scene, would you want your actors to just stand there and talk? Or would you want them doing things so the visuals are interesting? That last option sounds better for a movie, right? Well, it’s better for a novel as well. As you develop characters, do not think this means dump in a lot of backstory. Look at this word – back and story. Literally, you are taking your story BACKWARDS. This means you have stopped the forward momentum of your story to fit in background information. You’ve killed your pacing. Now, all stories need some background—readers need to know setups and character history in order to care about the events and the people. However, too much backstory and your pacing drags to a halt. Weave in backstory with a sentence or three, not big chunks of paragraphs. 7—If you need to tell the reader some bit of information avoid the temptation to have characters talking about things everyone already should know. Plot exposition coming out of a character’s mouth is almost always awkward and stilted. You do not want to turn your characters into Mr. Exposition (from the Austin Powers movies). A line or two of exposition will not kill your pacing and may help keep the story clear. 8—Do not resolve the focal character’s issues without introducing two more. These can be small things or big, but you want to keep making everyone’s lives more difficult. If we go back to our example of the woman who wants her husband to donate money to a charity, we want to look at the options and come up with the one that makes things worse for her. So the option of the husband leaving is not going to give us as much as the one where the husband tells her his businesses aren’t doing well—now she has both her charity in trouble as well as her personal life. 9—Make sure your characters act “in character”. If your scene has you manipulating your characters or contriving situations to “make” a certain event happen, the reader is likely to find that scene implausible, or will just feel the characters are flat. You must always go back to asking, “What would I do if I were this person?” Set up the situations, the problems, but let your characters deal with those issues. Let the characters come through the scene in ways that make the scene fresh because the characters are fresh, too. Now, how long is any scene? A scene can be a few sentences...or it can be twenty pages, or it can be the entire story (yes, it's been done, but usually only in literary fiction). A scene is as long as it needs to be to take the focal character through the arc of that scene. However, in general, it takes most readers about three pages to get into a scene. If you look at your favorite books, I think you’ll find they all do the same thing—longer scenes in the opening to get the reader into the story and the world, and shorter scenes as the pace of the story picks up, and when there is less need to  develop the setting and characters because they have already been established. When a scene ends, you can transition to the next scene with a reaction to what happened, which is where sequels to scenes come into play, and more on that later.   Shannon Donnelly’s writing has won numerous awards, including a RITA nomination for Best Regency, the Grand Prize in the "Minute Maid Sensational Romance Writer" contest, judged by Nora Roberts, RWA's Golden Heart, and others. Her writing has repeatedly earned 4½ Star Top Pick reviews from Romantic Times magazine, as well as praise from Booklist and other reviewers, who note: "simply superb"..."wonderfully uplifting"....and "beautifully written." She is the author of the Urban Fantasy “Demons & Warder” series, with Burn Baby Burn and Riding in on a Burning Tire, as well as Regency Historical romances. Her books can be found n print or as ebooks on all formats, and her Regency Historical, Paths of Desire, is currently on sale at Amazon.com at a special price of 99 cents in October.