A high-profile lawsuit was recently settled between singer Harry Belafonte and the estate of  Dr. Martin Luther King, Jr. The lawsuit was brought in order to determine who had legal claim to specific personal papers of Dr. King’s, including notes for a speech and a letter from then-President Lyndon Johnson. Belafonte’s possession of the papers dated back to his friendship with Dr. King in the 1960s. The judgment in the case allowed Belafonte to retain ownership and possession of the papers.

This case raises several issues.  Can an estate “repossess” what it doesn’t own?  Obviously, even more than four decades after a person’s death, personal papers and documents relating to an estate may inspire legal action.  Next, there is the question of whether an estate of a famous person, or any person, has the right to claim ownership of the decedent’s “words,” possessions, or in this case, personal papers, when those papers are in someone else’s possession.

Don’t worry – this is a blog, not a law school exam. The federal court in New York that heard the case and rendered judgment gets the final word.  I’m commenting and opining on this from an estate planning perspective.

Whether you are a celebrity or not, or a writer or artist, or not, it’s wise to establish how you wish your personal papers, publishing rights, body of work and other assets, to be handled after your death. Of course, it’s not always possible to know if your name, your collections or creations will achieve fame or notoriety during your lifetime or afterwards.  But it is possible to assert how you want such assets disseminated. Would you want your alma mater, for example, or a charity or religious institution to keep and display them?  Or would your family members be your choice to manage and/or profit from your work?

This is all hypothetical, of course.  But it is one important aspect of a legally valid estate plan.  Your wishes, your bequests, your choices for guardians, beneficiaries, trustees – these are also included in the documents I can help you create and execute.  We can discuss all your questions and concerns about estate planning matters at your convenience. To schedule a consultation, please contact us at 818.956.9200.

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