Legal Question in Wills and Trusts in New York
when estate ceases to exist
My mother-in-law inherited the estate of her late husband who was a writer. The estate was completely settled in May 1999, probation closed, taxes paid, and she is the only owner of all rights to his works. Are these rights, legally speaking, still part of the estate, or the term ''estate'' is not applicable anymore, and she just owns the rights personally, outright? She has an argument with a publishing house who wants to go back to the attorney who represented her during probation.
Thank you in advance
2 Answers from Attorneys
Re: when estate ceases to exist
An estate, in the case of a writer or artist, can last a long long time. The estate of John Lennon is still functioning, even though he has been dead for 20 years. I don't know if your mother in law's late husband's estate was set up to function like this, but it could have been.
Your mother in law should definitely consult an attorney. She should seek out an attorney who has experience with these types of matters, that is "intellectual property," and estates. An attorney with this type of expertise may be expensive, but will get better results.
Re: when estate ceases to exist
It sounds as though there is a will where
everything went to the surviving spouse
There should have been a formal written
assignment of all the copyrightable works
If this was not done, the estate may be
reopened for this purpose
Once done, she can again argue till the
cows come home with the publishing company
If someone is not willing to do this, ie, the
original probate attorney, contact me at
716-235-2560 It is not complicated or expensive
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