Estate Planning and Probate: “Amateur Artists: What’s in Your Attic?”

This NY Times article from September of 2014 on Vivian Maier’s work is fascinating on many levels, not the least of which is her stunning and undiscovered talent during her lifetime as an amateur photographer. In addition to my interest in her and her work as an artist, the article inspired me to write this blog in an effort to remind people 1) what happens when you don’t write a Will, and 2) what happens if you write a Will but fail to identify the possessions you value (whether or not anyone else does!) and who you would like to take possession of them upon your death.

http://www.nytimes.com/2014/09/06/arts/design/a-legal-battle-over-vivian-maiers-work.html?rref=arts/design&module=ArrowsNav&contentCollection=Art%20%26%20Design&action=swipe&_r=0

1)  Dying without a Will

Briefly, if you die “intestate” (without a Will), the State in which you live when you die decides the manner in which your possessions and assets are distributed (commonly spouse, children/grandchildren, parents and their relatives, siblings and their children, etc.) until they have found an heir for your possessions and assets. If there are no relations, which is fairly unusual, the State keeps it. To me and to many of my clients, that information alone is enough to get them to write a Will – to have control over who gets what, why, and how. In the absence of your documented decision-making, the State must decide on your behalf.

As you can see by the Times article, Ms. Maier didn’t write a Will. Therefore, the court must identify the rightful heir to her now very valuable collection of photographs, and decide who owns the right to reproduce and profit from them. What a mess!  Not only is it time-consuming and costly to find this distant cousin who never even knew Ms. Maier, but who knows how well he will care for the collection of her photos and the interest the public now has to view her work, if the court decides he’s her closest relative.

2) Failing to identify your work as an artist in your Will (professionals and amateurs alike)

As you can also see by the article in the Times, Ms. Maier never told anyone about her work, never imagined anyone else cared about it, and certainly underestimated its value, even if it was an all consuming passion of hers.  As a result, she left it unrecognized, under-valued, and without a recipient and caretaker for the work she cared so much about. Those of you who are professional artists have a practiced understanding of the value of your work and the work of others. But, the amateur artists among us don’t necessarily understand the quality of their work and how it compares to others.  That means some of you may think no one else will care about it once you’re gone. Well……..as you can see, this is a mistake!  Even if your amateur efforts don’t end up having any public value, they have value to you personally or you wouldn’t have kept them.  Honor yourself and your life’s work and be sure to include the fruits of your artistic endeavors in your Will – and, make sure you identify the person(s) to whom you give these works as people who will at least value what those works meant to you and will respect the manner in which they are distributed, displayed, or stored.

ALL READERS:   This blog is not, nor shall it be deemed to be, legal advice or counsel. This blog does not create an attorney-client relationship with any reader.  It is designed to encourage thoughtful consideration of important legal issues with the expectation that readers will seek professional advice from a licensed attorney.