Have You Planned for State Estate and Inheritance Taxes?

Although most people’s estates aren’t large enough to be affected by the federal estate tax, residents in many state have to consider how state taxes may reduce their estates. Several states have their own estate tax, which can affect much smaller estates than the federal estate tax does. In addition, some states impose an inheritance tax on beneficiaries of an estate. The federal...

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Should You Prepare a Medicaid Application Yourself?

Whether you should prepare and file a Medicaid application by yourself or should hire help depends on answers to the following questions: How old is the applicant? How complicated is the applicant’s financial situation? Is the individual applying for community or nursing home benefits? How much time do you have available? How organized are you? Medicaid is the health care program for...

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The U.S. Supreme Court Rules Gay Spouse Is Entitled to Estate Tax Refund

The U.S. Supreme Court has ruled that a key provision of the Defense of Marriage Act (DOMA) is unconstitutional, clearing the way for the surviving spouse of a lesbian couple to receive a refund of the taxes she was forced to pay because the federal government did not consider her married to her spouse. Although the ruling does not create a national constitutional right to same-sex marriage, it...

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Writer’s Groups and Copyright

Clients often ask, “Can distributing my novel in my writer’s group “lose”  copyright?” No, you can’t “lose” your copyright unless you assign or transfer your copyright in writing.  The correct question is “Have I met the definition of ‘publication’?” Why is it important that you have “published” your novel?  There are numerous reasons.  First, any subsequent...

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Agency Clauses in Publishing Agreements

An agency clause is a paragraph of legalese in your publishing agreement.  It gives your agent the right to collect all royalties (including advances) directly from the publisher.  The agent then deducts her commission from that amount, and sends the remainder to you.  The agency clause isn’t required by your publisher  —  it has no interest in where your royalties go, as long as it is...

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