Art after death - Resources for Artists

Estate Planning for Artists

links to useful articles and websites

A Visual Artist's Guide to Estate Planning

A Visual Artist's Guide to Estate Planning is a comprehensive handbook designed to assist artists in planning their estates. The book has two main parts and an appendix. Part I introduces general estate planning concepts and offers practical advice and a discussion of legal issues raised by artists at an estate planning conference. Part II consists of an in-depth discussion of policy and law on selected issues of estate planning and administration for visual artists. This section was written by the Committee on Art Law of the Association of the Bar of the City of New York. The Appendix contains sample forms, resources, and additional information.

The Marie Walsh Sharpe Art Foundation and The Judith Rothschild Foundation co-sponsored a Visual Artists Estate Planning Conference in New York. Artists, accountants, archivists, art dealers, curators, lawyers, writers, and representatives from foundations, government, museums, and other nonprofit organizations attended. During the two day conference they discussed practical and legal issues related to artists' estates both in planning and in administering an artist's estate.

A Visual Artist's Guide to Estate Planning is a result of this project.

A Visual Artist's Guide to Estate Planning

Visual Artist's Guide to Estate Planning
(pdf download)

A Visual Artist's Guide to Estate Planning - 2008 Supplement Update

Visual Artist's Guide to Estate Planning
(pdf download)

Artbusiness.com - Artists: Planning Your Art Estate

Q: I'm deciding what to do with my possessions in the unlikely event of my death and am wondering who should manage or oversee the sale of my art. I have well over 400 pieces at my studio. Should my wife and children handle it or should that responsibility go to one or more of the dealers who've represented me over the years? How about donating everything to a museum?

Alan Bamberger suggests some answers

Artbusiness.com - Art & Artist Estate Planning

The typical working artist produces hundreds of works of art during the course of his or her career; some produce many more. As with other human beings, the chances of an artist becoming deceased increase with age. In the unlikely event of your demise, have you thought about what would happen to your art? Have you thought about your legacy as an artist? Even more importantly, are you aware that regardless of how old you are, the way you treat your art now can increase its value as well as your marketability for the rest of your life and beyond?

Guidelines for Senior Artists - Estate Planning for Artists

General advice with small section on art

"In addition to giving art and other assets to members of your family and to friends, you may also reduce your taxable estate by giving assets to charities. "

Textile Arts Resource Guide: Estate and Legacy Planning for Artists

For those of us who are over 60, how we and our art will be remembered becomes increasingly important with each passing year. Our own demise is not a pleasant topic to consider, but we have to face the reality that at some point we are actually going to die - and when that occurs, what then will happen to our life's work? Its within our control if we make plans. Following are sites with great information on this subject that is written specifically to address the concerns and the needs of artists.

National Association for the Visual Arts Ltd (Australia) - Where There's A Will... Estate Planning for Artists

This document looks at the range of options available to visual artists in dealing with their work during their lifetime, and information about making a will so that an artist's art work legacy is dealt with according to his/her wishes after death. "Where There's a Will" answers questions and gives guidance about when to seek expert advice and from whom.

Where There's a Will... Estate Planning for Artists . Published by the Arts Law Centre of Australia and NAVA, 2004. 54 pages. ISBN 0 9587757 7 X.

"Artists In The Black" : Sample Will for Indigenous Artists

This FREE sample Will for Indigenous Artists has been developed to encourage Indigenous artists to consider what will happen to their artworks, propery and copyright when they pass away, and provide guidance for those who decide to make a will. The Will for Indigenous Artists includes instructions and a sample Will for artists to complete.

The Senior Artists Initiative

Guidelines for Senior Artists - What Will Happen to Your Art After You Die?

What Will Happen to Your Art After You Die? by Jeffrey P. Fuller, ASA, Accredited Senior Appraiser, American Society of Appraisers
What will happen to your art after you die? This is the question that many artists ask themselves. Many things can happen to the art after the artist's death, depending upon how well the artist has planned for this event. An artist creates works of art during an entire lifetime. Some of these works of art will be sold. Inevitably there is a collection of works of art in an artist's estate at the time of the artist's death. These works of art will become a part of the artist's estate.

Guidelines for Senior Artists - Plan Ahead

Plan Ahead By Stephen Tarantal Dean, Philadelphia College of Art and Design The University of the Arts
My comments will not contain any rarified or technical legalistic information. Most of it is basic common sense and preventive maintenance to avoid a problem for your heirs involving distribution of your artwork and payment of excessive estate taxes. Unfortunately, I will probably be telling you something you already know, and won't want to hear, let alone do. It will be like your accountant telling you to keep a daily log of the art books and supplies that you buy with cash for IRS reporting.

Guidelines for Senior Artists - Estate Planning for Artists

Estate Planning for Artists By Robert H. Louis, Esq.
Many people postpone planning their estates, not wishing to confront issues of mortality; or, it may be that they believe the subject is so complex that no amount of effort will yield any useful results. They may shrug their shoulders and say, "I'll let my kids worry about it," not realizing the significant burden they are imposing on the next generation and the likelihood that far greater tax liabilities will be incurred by doing nothing.

Guidelines for Senior Artists - Plan Ahead - What Do Inheritors Do With Art Work?

What Do Inheritors Do With Art Work? By Anne Kaplan Founder, Senior Artists Initiative
Most artists are very resistant to sorting through their work in order to decide what to keep, what to throw away, what to give to institutions. This creates a dilemma after an artist's death, as it leaves painful decisions about the distribution of the work to the spouses, family members, or executors. Failure to sort through and distribute works during an artist's lifetime has resulted in work being stored for years; large numbers of the work going on the market and selling for very little; or the work just disintegrating in a damp, too hot or too cold basement or attic.

Guidelines for Senior Artists - Approaching Museums

Approaching Museums By Dr. Michael W. Schantz Director, Woodmere Art Museum
The following items may be of interest to the artist who wishes to interact with a museum with thoughts of placing works into its permanent collection, either through purchase, gift, or bequest. They are in no particular order.

Estate planning - Wikipedia, the free encyclopedia

Estate planning From Wikipedia, the free encyclopedia
Estate planning is the process of anticipating and arranging for the disposal of an estate. Estate planning typically attempts to eliminate uncertainties over the administration of a probate and maximize the value of the estate by reducing taxes and other expenses. Guardians are often designated for minor children and beneficiaries in incapacity.

Copyright after death - in the UK

Copyright continues after an artist's death and becomes an asset of his or her Estate

Artlaw : Copyright : Basics of copyright : The Length of Copyright

The Duration of Copyright and Rights in Performance Regulations 1995 implement EU Council Directive No 93/98/EEC and the European Economic Area 1993, which harmonise protection of copyright and certain related rights. In effect, they extend the length of copyright and moral rights for artists and their heirs to 70 years after death, rather than 50 years, as from 1 January 1996.

Design and Artists Copyright Society (UK)

DACS is the UK's leading copyright and collecting society for artists and visual creators. It helps artists and visual creators receive recognition and reward for their work.

Three rights management services for artists: Payback, Artist's Resale Right and Copyright Licensing.

The Artist's Resale Right Regulations 2006

Statutory Instrument 2006 No. 346The Artist's Resale Right Regulations 2006 Crown Copyright 2006

Design and Artists Copyright Society - Artist's Resale Right for beneficiaries

In the UK, the Artist's Resale Right will not apply to the beneficiaries of deceased artists whose work is still protected by copyright until 2010 at the earliest. However, beneficiaries of deceased artists whose works are still protected by copyright can receive resale royalties from sales that take place in a number of other countries where the resale right currently applies to both living and deceased artists.

Design and Artists Copyright Society - Protecting copyright and Artist's Resale Right after death (pdf file)

Your copyright is a valuable asset from which income may be derived after your death. Copyright in artistic works currently lasts for 70 years from the death of the creator. If you retain the copyright in your works throughout your life then you have the ability to pass the copyright to whomever you wish on your death. In order to ensure that your copyright passes in accordance with your wishes on your death it is important to make a clear provision in your Will regarding copyright and who you would like to inherit it (including the right to receive royalty payments). The recipients of the assets which form the subject of your Will are called 'beneficiaries'. By virtue of the Regulations, Artist's Resale Right lasts for as long as the copyright in the work. In the UK this right currently only applies to living artists and will not apply to the beneficiaries of deceased artists in the UK until 2012.

Famous Artists' Estates

issues which have arisen after an artist's death

Artlaw : Art after Death : Artists' Estates : Rothko Revisited

In 1977 Art Monthly (AM No 5) published a pair of articles about the disgraceful circumstances surrounding the Rothko will-making and the subsequent unlawful breaches of trust by his so-called friends and colleagues. Strong views were expressed then about the need for all artists to take independent, expert legal and financial advice about what should happen to their work after death.

This article provides a case study of a similar case

Artlaw : Art after Death : Artists' Estates : The Rothko Wrangle

A tale of an ill-drawn Will and 798 paintings told in two parts.

Perhaps the most important and healthy impact of the case is that it exposed the sophisticated machinations of the art market, underlining the need for all artists to seek and take independent professional legal advice when entering into any arrangements, be they testamentary, contractual or otherwise. Only by doing this, will they ensure that their best interests and wishes are truly, clearly and fairly represented.

Artlaw : Art after Death : Artists' Estates : Who cares about art after death?

Turner did: Rothko did. But apart from that question, the Rothko case raises an equally serious and more practical question for artists: how to ensure that their art is dealt with, after death, according to their wishes.

Artlaw : Art after Death : Artists' Estates : Famous last words

Andy Warhol died in 1987. In the few years since his death his Estate has been beset by no fewer than three serious and complex legal wrangles. In Britain the death of Henry Moore in 1986 has also been followed by a wave of legal disputes concerning his Estate. The deaths of both men have resulted in sad, but classic, artlaw tales.

Artlaw : Art after Death : Artists' Estates : The Dali Wrangle

Salvador Dali, a master of Surrealism died in 1989. A dozen or so years later his legacy has caused substantial legal problems of an equally surrealist nature.

Artlaw : Art after Death : Artists' Estates : Attribution of Authorship: Warhol

On 15 January 2010 another federal lawsuit was filed in New York City against The Andy Warhol Art Authentication Board.

Artlaw : Art after Death : Artists' Estates : The Bacon Estate

At the heart of this sorry saga lies the absence of clear documentation recording the nature and extent of the respective contractual duties and obligations of artist and gallery.

BBC News | Artist's estate takes gallery to court

A multi-million pound legal action has been launched by the estate of artist Francis Bacon against the gallery which represented him.

Battle over sell-off of Marcel Marceau's property - Telegraph

Marcel Marceau, the world famous French mime artist, is at the centre of a tussle over a bargain sell-off of his possessions.

Artquest / Art and the Law / Art after Death / Artists' Estates / Attribution of Authorship: Warhol

On 15 January 2010 another federal lawsuit was filed in New York City against The Andy Warhol Art Authentication Board. The first lawsuit was filed in 2007 by a London-based collector, Joe Simon; the recent claimant is a New Jersey-based collector, Susan Shaer.......

Inchiesta sull' eredit%uFFFD miliardaria del pittore Usa

Il caso Sequestrati per evasione fiscale 3,8 milioni intestati all' artista della Pop Art. La difesa: le tasse le abbiamo gi%uFFFD pagate in

The case for tax evasion confiscated 3.8 million payable to 'artist of the Pop Art Defense: We have already paid taxes in America

Cy Twombly's Assets Targeted by Italian Authorities in Multimillion-Dollar Tax Evasion Case | Artinfo

Alessandro Twombly, the artist son of American painter Cy Twombly and the Italian Tatiana Franchetti, are embroiled in a series of turbid legal battles to determine the fate of the late artist's billion-dollar estate.

Artists' Estates - Resources for Executors

Robert Genn - Painters Keys Clickbacks - Death of an artist

Jamillah's situation is similar to many artists' beneficiaries when the main thrust of the life's work was in academia. Their credentials may be great, but their prior interaction with the commercial gallery system may be limited. Often, it's difficult to understand that dealers are not necessarily looking for depth or creativity. They're looking for marketability.

Art sales: how artist's estates add value - Telegraph

Artists' estates can be tricky but they can bring big business too says Colin Gleadell.

What to do with artists' papers and ephemera?

Artists' Papers Register - homepage

Artists' Papers Register: A location register of the papers of artists, designers and craftspeople held in publicly accessible collections in the United Kingdom and Ireland

The Artists' Papers Register represents a more current, detailed and extensive guide to the papers of artists and designers in the United Kingdom than any existing resource but, to ensure its continued growth and a truly comprehensive service, it is hoped that the staff of archives, libraries, record offices and art galleries will continue to draw our attention to collections that are not listed and inform us of new acquisitions.

Artbusiness.com - Artist Letters, Photographs, Documents, Personal Papers

Q: My great grandmother was friends and corresponded with a well-known American artist for several years in the late 1800's, and I have a number of letters and two photographs of the artist saved from the relationship. Are these worth anything?

A: Any documents, letters, photographs, and other manuscript materials relating to artists' careers are collectible and have value

Estate Planning for Art Collectors

links to useful articles and websites

Artbusiness.com - Do Prices Increase When an Artist Dies? Facts About Death and Art Values

Q: I bought six paintings from a pretty well-known local artist over a twenty year period during his career. He's pretty old now and I'm starting to think about selling. When's the best time to do that? Should I wait until after he dies? Will I make more money that way?

A: That's a pretty mercenary question but unfortunately, people ask it all the time. .........

Artbusiness.com - How to Donate Art

People who donate art to museums don't always realize the hopes and dreams they have for their donations. The most common complaint from donors is that museums don't show their donations, but rather assign them to various storage facilities where they sit and gather dust. A less common but more serious complaint is that the museums sometimes sell donated art in order to raise funds.

Withers Worldwide - Cultural assets & art

Have you appropriately safeguarded your art and cultural assets?
Do you have an appropriate succession plan in place to avoid your collection being divided upon your death?
Will your art collection be protected against divorce proceedings?

Withers Worldwide - The UK as a jurisdiction for the international art collector 02 March 2009

As individuals become more mobile and society increasingly international, there is a growing awareness that the tax policy of different jurisdictions can influence lifestyle choices. Many art collectors are, by their nature, wealthy and relatively footloose and their collections are generally portable such that they can, if so minded, amend their pattern of living to achieve a different tax result.

The Street: Estate Planning for Art

You can't take it with you, so make a smart plan for your cherished art and collectibles.

Where there's a will, there may be a Monet

Article in Lawyers USA, May 7, 2007

Making Plans for Prized Collections, Heartstrings Included | The New York Times

In estate planning don't forget the collectibles.
a collection can be sold, passed on or given away. But since its value is harder to estimate than publicly traded securities, even that process is complicated. And keep in mind that the Internal Revenue Service expects its due.

UK - Artwork and Inheritance Tax

HM Revenue & Customs: Introduction to Inheritance Tax planning

Planning ahead for when you die allows you to set out clearly who should get what from your estate. Also, you can maximise Inheritance Tax reliefs and exemptions if your estate might be worth more than the Inheritance Tax threshold. The threshold is £325,000 and will remain so until 2014-15

Acceptance in Lieu | Arts Council

The Acceptance in Lieu (AIL) scheme enables taxpayers to transfer important works of art and other heritage objects into public ownership while paying Inheritance Tax, or one of its earlier forms. The taxpayer is given the full open market value of the item, which is then allocated to a public ...

Items for allocation | Arts Council

Once an object has been accepted in lieu, it is allocated by the appropriate minister to a suitable museum or gallery. Arts Council England's AIL Panel provides the minister with advice on the allocation of all objects, other than manuscripts, which have been accepted in lieu.

Private treaty sales | Arts Council

Items which have been granted conditional exemption from capital taxation (Inheritance Tax ("IHT") or Capital Gains Tax ("CGT")) can be purchased by private treaty by a body listed in Schedule 3 of the Inheritance Tax Act 1984 (which includes most public museums, galleries and archives in the United Kingdom) at a price which is beneficial to both the public purchaser and private vendor. This is known colloquially as a Private Treaty Sale.

Tax-effective Ways to Help - Support the Art Fund - The Art Fund - national fundraising charity for works of art

Sell a work of art to a museum tax-effectively (Private Treaty Sale)
If you sell a work of art, you may be liable to Capital Gains Tax (CGT) and/or Inheritance Tax (IHT). However, these charges may be waived if you sell to certain museums and galleries - and there's a sweetener to encourage you to do it. This is known as a Private Treaty Sale (PTS).

The Independent | Inheritance tax becomes largest source of art for the nation

Major artworks by Picasso, J M W Turner and Barbara Hepworth are among more than £25m worth of paintings, sculptures, manuscripts, porcelain and other artefacts donated to the nation over the past year in lieu of inheritance tax.

USA - Artwork and Estate Tax

Income Tax, Gift, and Estate Issues for Artists

Q: Please talk about the artist and estate taxes, gift tax, donations, and other IRS tax liabilities and implications for art and artists. What can an artist do who will be leaving a large inventory of paintings at the time of his or her death?

Art & Artist Estate Planning

The typical working artist produces hundreds of works of art during the course of his or her career; some produce many more. As with other human beings, the chances of an artist becoming deceased increase with age. In the unlikely event of your demise, have you thought about what would happen to your art?

Artists: Planning Your Art Estate

Q: I'm deciding what to do with my possessions in the unlikely event of my demise and am wondering who should manage or oversee the sale of my art. I have well over 400 pieces at my studio. Should my wife and children handle it or should that responsibility go to one or more of the dealers who've represented me over the years? How about donating everything to a museum?

Blogging about art after death

An Artist's Estate

In July 2008 the artist Dave Pearson died leaving an enormous amount of artwork. This blog follows the journey taken by one of the executors of his will - a steep learning curve to perpetuate the reputation of an inspirational artist and man.

Embalmed body of tramp belongs to artist's estate - Times Online

THE body of a tramp embalmed by an eccentric artist and kept in a secret drawer in his studio is the property of his estate, a coroner ruled yesterday.

Funny How A Little Public Pressure Makes Artist's Estate Back Down | Techdirt

Last week, we wrote about the rather bizarre case of the estate of artist Roy Lichtenstein threatening a band for using an image for their album cover that was "appropriated" from the same original comic that Lichtenstein himself appropriated for one of his works. The whole thing was a bit confusing and demonstrated some of the more ridiculous parts of copyright law.

Neil Gaiman's Journal: Important. And pass it on...

A post about the need for writers to have a will covering the disposition of their literary estates. The principles are the same. It provides a link to a pdf suggesting the sort of wording which is required