Legal Question in Wills and Trusts in Pennsylvania
Should children of dead celebs be entitled to profits from surviving spouses signing off on deals using the same likeness?
1 Answer from Attorneys
This is not a probate question.
If someone is famous and died, a business just cannot appropriate the dead person's likeness. Take Elvis or Marilyn Monroe. You can't have these celebs selling whatever. If they are making money for a company, then they deserve to be compensated for it, but since they are deceased, the funds would be paid into the estate of the deceased celebrity.
As to whether children would be entitled to share in the profits, it depends on how the celebrity structured their estate plan. Did they make a will or trust? Did they intend to benefit only their children? Or only their spouse? Or both? Assuming that the celebrity died without a will or trust or that the celebrity had a will or trust that made both the surviving spouse and the children the beneficiaries, I would have no problem with the children receiving the profits to which they are entitled.
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