Social Media Accounts After Death

As people's online personas become an increasingly important part of their lives, families and friends are encountering confusion and frustration in trying to manage the Facebook, Twitter and email accounts of their deceased loved ones.

State probate laws, which govern how a deceased's next of kin or estate executor can access things like property and bank accounts, generally weren't designed with today's online lives in mind. So, lawmakers in several states—including Nebraska and Oklahoma—have tried in recent years to tackle the complex question of who can manage the online presence of the deceased, and what legal authority they should have. ....

But legal experts say that the terms of service users must agree to when they sign up with social-media sites, which typically dictate what happens to an account after the user dies, could take precedent over the state laws. An Oklahoma lawmaker involved in legislation on the topic says the risk is creating laws that are "toothless."

Facebook, for example, has extensive user agreements and privacy policies that cite various state and federal laws, including the federal Electronic Communications Privacy Act, which generally forbids it from "providing access to any person who is not an account owner." ....

Deaths Pose Test for Facebook by Steve Eder, Wall Street Journal, February 11, 2012

Petition to Bring Cuestion Tequila to Your City

Cuestion Tequila, winner of 20 awards in 2011, is only available in a handful of locations in TN, FL and Alabama as of Dec. 31 2011.

Due to the post prohibition three tier system in the United States, Cuestion Spirits Company cannot independently sell without the support of either the State and/or a Distributor.

Please Sign this petition if you want to be able to try one of the best tequilas in the world in your city!

Online Petition by iPetitions.com

Grassroots Marketing | Inc.com

If you are struggling to gain market traction this is for you.

Inc. put together a great list of mini articles with some equally great insight into the creativity it takes to compete in a crowded marketplace as a startup. A must read for almost any consumer focused startup: Grassroots Marketing | Inc.com (Link).

Posted via Blog this'

California Now World's 9th Largest Economy

California is now the world's ninth largest economy. Which is quite something and remains the U.S. state with the largest economy ranked by GDP, but it was until recently, the eight largest, a rank now assumed by Brazil, and was even fifth on the list in the early 2000s:

Stephen Levy, Center for Continuing Study of the California Economy director and senior economist, said the California-Brazil swap is more about Brazil rising than California falling. Brazil’s vast population advantage (190 million to California’s 37 million) and the increasing prices of commodities that Brazil exports are just part of the country’s rise, he said....

Levy said California’s economy could soon surpass Italy’s, because of a recession in Italy and a falling euro.

"Report: California slips to world's 9th largest economy" by Jason Hanna, CNN, January 13, 2012

Governor Brown Proposes Tax Increases for Californians

California Governor Jerry Brown is proposing increased taxes as the solution to the state's budget problems:

Brown, a 73-year-old Democrat, wants to raise income taxes on individuals making at least $250,000 a year to 10.3 percent from 9.3 percent, and would boost sales [tax] levies to 7.75 percent from 7.25 percent.

Brown Seeks 7% California Spending Boost, Michael B. Marois and James Nash, Bloomberg, January 5, 2012

See also current California sales tax rates.

Small Estates Probate Limit Increased

Effective 1/1/2012, Califorina's small estate limit is increased from $100,000 to $150,000, meaning that, where the decedent has a will or died intestate (without a will), and the gross value of the estate is $150,000 or less, and does not include real property (real estate), a simplified affadavit procedure may be utilized instead of a full probate.

The limit for transferring real property withour probate increases to $50,000 - likely making little difference in most instances in Los Angeles County, but possiby of some occasional application with regard to unimproved land and timeshares.

Under the new law, a surviving spouse may also collect up to $15,000 in wages owed to his or her deceased spouse without a formal probate proceeding.

Note that assets held in a living trust avoid the time and expense of probate, and that the value of the estate is calculated without regard to any mortgages or other indebtedness. For example, a $450,000 market value house with a $400,000 mortgage counts as $450,000 of estate value, and therefore would not qualify for the small estate procedure.

2012 New California Employment Laws

Among the new employment laws in California for 2012 are:

• Employers are now generally prohibited from using consumer credit reports to screen candidates for employment. Exceptions exists for employees with access to trade secrets or $10,000+ of cash of the employer, or to confidential information or $10,000+ of cash of others, executive employees, etc.

• Genetric discrimination is now prohibited.

• Upon hire, an employer must now provide the employee with a written notice specifying certain information about the employer and the employee's job, including workers' compensation insurance carrier information.

• Penalties for wilfully misclassifying workers as independent contractors instead of employees are increased (a new civil penalty of $5,000 to $15,000 per violation is added to existing penalties).

• The minimimum salary for exempt computer professionals increases, as does the minimum hourly rate for physicians paid hourly.

• Employers covered by the pregnancy disability leave law must maintain and pay for group health insurance during the leave, up to 4 months in a 12-month period.

• Moving in the opposite direction from much of the nation, California now prohibits state and local governments in most instances from requiring employers to use the federal E-Verify system to ensure candidates are legally permitted to work in the United States. (Effective today, Georgia, Lousiana, Tennessee, and South Carolina joined a minority of other states already mandating the use of E-Verify. While other states were cracking down on illegal immigrants, California has now enacted the Dream Act, allowing in-state tuition to some illegal immigrants.) California employers may voluntarily choose to use E-verify, however, and must do so if it's a condition of federal law or the receipt of federal funds. The new law appeared to be aimed at a number of conservative-leaning Califoria cities who had already, or who were considering passing, local mandatory E-Verify laws.

• San Francisco becomes the first city in the nation mandating a minimum wage greater than $10 per hour. While the wage rate is new, the law was actually passed years ago, but requires adjustements each year to keep pace with inflation. The minimum wage for most California cities without a higher local rate remains at $8.00 per hour for 2012.

• As is common, some required work place posters have been updated.

See other new California laws for 2012.