When it comes to estate planning, most folks know that you can use wills and trusts to distribute (and in some instances, control) their “stuff.” The tricky part is often figuring out what actually constitutes your “stuff.” For estates purposes, your “stuff” includes such items as your real property (think house and other real estate), your personal property (like jewelry, cars, and furniture), your cash, accounts, and investments – and your image.
Yes, your image.
Realistically, most of us don’t have to worry about what happens to our image when we die because, well, there’s not a real rush to cash in on it. But entertainers, sports figures and other celebrities do need to worry about what happens to their image. Sadly, many of them often don’t. Failure to plan can result in all kinds of uses of your image after you die. The next thing you know, you’re dancing with a vacuum cleaner (a la Fred Astaire) or sitting in a cloud wearing Doc Martens (as happened to Kurt Cobain).
The reality is that deceased celebrities are still hot commodities. Even after they’re dead and gone, some celebrities have the drawing power to pull in millions. The King of Pop, Michael Jackson, for example, pulled in a whopping $170 million two years after his death. Other celebrities that have gone on to earn millions after death include Elvis Presley, Elizabeth Taylor, and Marilyn Monroe.
But not all celebrities want to be remembered in advertising. Adam Yauch is one of those celebrities.
On May 4, 2012, Beastie Boys member Adam Yauch (also known as MCA or Nathanial Hörnblowér) lost a three year battle with salivary gland cancer. He was only 47.
Yauch’s estate is thought to be worth just over $6 million. Through his will, Yauch left his property to his widow, Dechen Yauch, whom he married in 1998, and his 13-year-old daughter, Tenzin Losel. His wife was named as the executor of his estate which has been raised in New York state.
Yauch’s will didn’t just distribute his stuff. In his will, he left instructions meant to keep people from using his music or image in advertising. Specifically, according to Rolling Stone, the will directed:
Notwithstanding anything to the contrary, in no event may my image or name or any music or any artistic property created by me be used for advertising purposes.
The phrase “or any music or any artistic property created by me” was added in Yauch’s handwriting. (Author’s note: Kids, do not try this at home! Interlineations – or handwritten additions to a will – can invalidate a will in some states.)
It’s a smart move. Even if the language is found not to be valid (I haven’t seen the will so I can’t completely confirm how tightly it’s drawn), it’s a clear indication of Yauch’s intent. And intent is important. Note that I said important, not conclusive. Intent isn’t always controlling but it can be good evidence if a dispute goes to court.
There’s no doubt that Yauch was a smart guy. He founded the Beastie Boys with fellow rappers Ad-Rock and Mike D in the 1980s, at a time when white boys didn’t make rap or hip hop records. The group went on to sell 40 million albums worldwide, making them “the biggest-selling rap group” since such sales were tracked beginning in 1991. The group was subsequently inducted into the Rock and Roll Hall of Fame, only the third rap group to do so after the monsters of rap, Run-D.M.C., and Grandmaster Flash and the Furious Five.
His thoughtfulness and planning at the end of his life are further indicative of his intelligence. So perhaps his legacy won’t so much be what he did – but what he didn’t do – through the language in his will. He didn’t sell out. And to his fans, that may be everything.
