But after Strasberg and Kris passed, it was Strasberg's widow who won the rights to control Marilyn's estate. Ironically, Strasberg married his wife AFTER Marilyn died, and she barely knew Marilyn. Yet, over the years, Strasberg's widow has grossed millions of dollars licensing Marilyn's image and auctioning her belongings. We have to wonder if Marilyn would have been happy with her estate being controlled by a stranger.
 
To this day, Marilyn's image grosses over $1 million dollars per year. Her image became even more popular once advanced digital imaging became available. Anyone and everyone could manipulate her image. Marilyn's iconic picture began popping up all over advertisements and the internet. But the question soon arose, who did Marilyn intend the rights of her image be passed to? Shouldn't the person she entrusted the estate to, Strasberg, be the person protecting her legacy? She said nothing in her Will of her image being available to everyone. She said herself, "A sex symbol becomes a thing. I just hate to be a thing."
  
Because of the lengthy legal battles over her image alone, Arnold Schwarzenegger, Governor of California, passed what has been nicknamed "The Dead Celebrities Bill" in California. The bill simply states: a celebrity owns the rights to their image when they are alive; therefore, they are entitled to pass on those rights when they die.
 
Obviously not everyone has a large estate or popular image to fight over. But there are ways that like Marilyn; your estate could end up in the wrong hands. To prevent your estate from passing down to strangers, you can create a discretionary trust using a family member or corporate trustee, such as a bank, to allocate the assets. By using a trust, your heirs will still receive the money you want to pass down to them, but upon their death, you can pass the remainder of the assets to a charity or another heir of YOUR choice. Plus, if you decide to leave the remainder to a charity, you may be able to do so tax free.
 
Additional ways your wishes could be disturbed:
 
·          If you attempt to write your own will without knowledge of Illinois state laws, your heirs may not receive the property you intended them to have.
·          Clarity is key. Be specific and clear when naming beneficiaries so the executor will know exactly what you mean. A lawyer will ensure the proper language is used so there can be no miscommunication.
·          What if the heir you are leaving property to dies before you? Do you want it to then go to his children or someone else? A lawyer will put in the proper provisions so that the property is still passed according to your wishes.
 
The examples above are a small fraction of the issues that may arise with improperly created estate documents. If you have questions about your current estate documents, call Peck Bloom. Our attorneys are experienced in estate planning and know all the questions you need to ask. Peck Bloom will ensure your legacy is fulfilled and safeguarded by the loved ones you trust.
 
Sources:
 
Zarroli, Jim. "Law Decides Who Owns A Dead Star's Image," NPR, October 11, 2007. http://www.npr.org/templates/story/story.php?storyId=15198298
 
Silverman, Stephen. Where There's a Will: Who Inherited What and Why. Harper Collins Publishers, New York, NY 1991.
 
Nass, Herbert. Wills of the Rich & Famous. Gramercy Books, New York, NY 2000.