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​Famous Artists' Estates

Highlighting problems that have arisen with the estates of famous artists

Throughout art history, disputes have arisen over the works of artists after they have died: 
  • who owns what works, 
  • who inherits, 
  • who owns copyright and related merchandising rights, and 
  • whether artists' wishes must be respected when they ask for their works to be kept together as a collection.

Examples of these are cited below.
  • Famous last words | Artlaw
    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

Also included below are references to how artists estates have been handled with more positive outcomes - e.g. the donation of artwork in lieu of tax.
Return to THE ART LEGACY

​Artquest is an advice and information service, based in London, for visual artists and craftspeople. It has a series of articles about artlaw and art after death - a number of which are highlighted on this page below.

Where a reference states "Artlaw" as the source, the articles can be found in the Art after death section of the Artquest website. Please note what the website states as their legal currency.

This article is from the Artlaw Archive of Henry Lydiate's columns published in Art Monthly since 1976, and may contain out of date material. The article is for information only, and not for the purpose of providing legal advice. Readers should consult a solicitor for legal advice on specific matters. Artists can get free online legal information from Artquest.
Artists' Estates: Reputations in Trust

The book includes interviews with the widows and family of famous artists who highlight the issues associated with dealing with the estate of an artist
Hardcover: 400 pages
​
Publisher: Rutgers University Press;
1st edition (August 1, 2005) 

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Artists in the USA
​

Mark Rothko
  • Rothko Revisited | Artlaw - 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. 
  • The Rothko Wrangle | Artlaw - 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 indep
  • Who cares about art after death? | Artlaw - 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.
  • What Drives Market Speculation After an Artist’s Untimely Death | Artsy During the 1970s, a long-running legal case concerning Mark Rothko’s estate dominated news in the art world. After Rothko’s death by suicide in 1970, a fierce battle waged between his heirs, executors, and dealers at Marlborough Gallery. 
Picture
Artist Mark Rothko's grave at East Marion Cemetery, East Marion, NY (Source: Wikimedia Commons)
Andy Warhol

There have been many problems associated with his estate - mainly in relation to attribution of work
s. The Authentication Board was completely dissolved in early 2012
  • Attribution of Authorship: Warhol | Artlaw - On 15 January 2010 another federal lawsuit was filed in New York City against The Andy Warhol Art Authentication Board.
  • The Andy Warhol Art Authentication Board, Inc. - certified the authenticity of works by the artist, Andy Warhol, from 1995 to early 2012.
Andy Warhol tombstone
Andy Warhol tombstone, St. John the Baptist Byzantine Catholic Cemetery, Bethel Park, PA
Some dealers have authenticity committees to decide attributions of artworks by particular artists. The Andy Warhol Foundation for the Visual Arts, which disperses the works by the artist in Warhol's estate, and the Robert Miller Gallery in New York City, which handles the estate of Jean-Michel Basquiat, both have created these committees, in part to more effectively wage battle against a growing number of fakes, forgeries and mis-attributions in the Basquiat and Warhol markets.
The tricky art of authentication Truth: Sometimes, only the artist or his or her family knows for sure whether a work is the real thing
Jean-Michel Basquiet

Basquiet died age 27. The Robert Miller Gallery in New York City handles the estate of Jean-Michel Basquiat. Like Warhol, the Estate ran into problems relating to authentication.
  • Basquiat Committee to Cease Authenticating Works | ArtNews - According to a notice posted on the website for the Basquiat estate on Jan. 7, the committee, which was formed in 1993, “will dissolve in September 2012 and no longer consider applications thereafter.”
  • The tricky art of authentication Truth: Sometimes, only the artist or his or her family knows for sure whether a work is the real thing | Baltimore Sun
  • Jean-Michel Basquiat's Dad Leaves Behind Son's Art, and Tax Problem - an ongoing IRS audit has frozen any movement on the pricey paintings
Picture
Grave of Jean-Michel Basquiat at Green-Wood Cemetery, Brooklyn, New York
Cy Twombly
  • Cy Twombly's Assets Targeted by Italian Authorities in Multimillion-Dollar Tax Evasion Case | Artinf
    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.
  • Turmoil at Cy Twombly Foundation (New York Times) - Accusations about misappropriation of estate due to inflated valuations and fees
  • Record of Twombley Foundation Complaint (New York Times)
  • Cy Twombly's Assets Targeted by Italian Authorities in Multimillion-Dollar Tax Evasion Case (ArtInfo) Alessandro Twombly and Tatiana Franchetti are embroiled in a series of turbid legal battles to determine the fate of the late artist's billion-dollar-plus estate. 
  • Cy Twombly paintings and sculptures donated to Tate (The Guardian) report on major donation by the Estate to the Tate
Commemorative plaque for Cy Twombly in Santa Maria in Vallicella, Rome
Commemorative plaque for Cy Twombly in Santa Maria in Vallicella, Rome
Thomas Kinkade

The sudden and unexpected death of Thomas Kinkade in 2012 sadly became a lesson in why you have to update your plans for the future of your estate as your life changes. Especially if you have separated from your legal spouse but not divorced and have a new friend in your life.
  • Nanette Kinkade, Thomas Kinkade's wife of 30 years was separated from her husband at the time of his death.
  • Amy Pinto had been Kinkade's girlfield at the time of his death, had been living in the family home and claimed that and a considerable sum from his estate.
Picture
Headstone in Madronia Cemetery in Madronia Cemetery in Saratoga, California.
  • Estate Planning Lessons from Thomas Kinkades's Estate | Timothy Rice Estate and Elder Law Firm - This case study exemplifies the need to not only draft your estate planning documents with great clarity but, as importantly, to keep those documents up to date as the circumstances of your life change.
  • Thomas Kinkade's girlfriend 'holding hostage' the artist's Monte Sereno mansion, attorneys allege - 
    If only Thomas Kinkade's own home in Monte Sereno were as tranquil and idyllic as the storybook cottages he painted. Instead, the late artist's stately mansion with the curving driveway and leafy landscape has become a battleground in the brutal fight
  • In Battle For Thomas Kinkade Estate, Girlfriend Doesn't Have A Prayer | Forbes - Updated Dec. 20, 2012. All the legal issues described in this story have been settled. Terms of the settlement are confidential.
  • Secret deal ends girlfriend-wife feud over painter Thomas Kinkade's estate - San Jose Mercury News - “Putting Mr. Kinkade’s message of love, spirituality, and optimism at the forefront, the parties are pleased that they have honored Mr. Kinkade by resolving their differences amicably.”

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Artists in the UK
​

JMW Turner

Turner’s original wish was that ALL his paintings be housed together at the National Gallery
Unfortunately, Mr. Turner had bad advice and assistance in the preparation of his testamentary dispositions, and the consequence was that it was very difficult to discover what were his real intentions.
House of Lords Debate
  • The Turner Bequest of Pictures | Hansard - Text of the House of Lords Debate 19 March 1857
  • The Turner Bequest | National Gallery - Turner's paintings were the largest ever bequest to the National Gallery. Most of the bequest is now housed in the Clore Gallery at Tate Britain
  • The Turner Bequest | Tate Britain
  • The Turner Bequest - Clore Gallery | Tate Britain - The Bequest, including all works left behind in Turner’s studio at his death in 1851, forms the vast majority of the Turner collection at Tate.
  • Turner Bequest goes online | Tate - in 2002, including all the sketchbooks
  • Turner descendant condemns 'abysmal' treatment of artist's estate | Art and design | The Guardian
    Descendant Ray Turner says institutions such as Tate and National Gallery have not respected wishes of his families' wills
"I feel passionately that for us to have someone like Turner, indisputably one of the greatest landscape artists of the world, and not to implement his will, not to do what he wanted, is tragic and scandalous."
Henry Moore, 1975
Picture
Joseph Mallord William Turner (1775 - 1851) Memorial statue at St. Paul's Cathedral
Francis Bacon
  • The Bacon Estate and The Bacon Estate 2 | Artlaw  - 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.
Francis Bacon plaque Dublin
Francis Bacon 1909-1992 Artist was born in this house on 28 October 1909
Lucian Freud

The Estate of Lucian Freud (valued at c.£42 million after payments of debts and taxes) has been making a number of gifts to the state under the Acceptance in Lie Scheme to offset the Inheritance Tax Bill
  • Corot painting and Degas sculptures acquired for the nation | DCMS - Items from Lucian Freud’s estate retained under Acceptance in Lieu scheme.
  • Lucian Freud archive given to nation in lieu of £2.9m in inheritance tax | The Guardian - Extensive trove of sketchbooks, letters and drawings will be exhibited in National Portrait Gallery as family seek to reduce tax liability
  • Lucian Freud Estate Avoids $4.5 Million Tax by Donating Archive to National Portrait Gallery | ArtNet news - London’s National Portrait Gallery (NPG) has acquired sketchbooks, drawings, and letters by Lucian Freud from the artist’s estate. The artwork comes to the museum through the acceptance in lieu scheme, which allows UK citizens to donate inherited artworks to cultural institutions “in return for conditional exemption from Inheritance Tax or Capital Gains Tax,” as it states on the Arts Council’s website.
  • Lucian Freud's Auerbach Collection Accepted In Lieu of Taxes by UK Government | Artnet - Fifteen paintings and 29 works on paper by Frank Auerbach have entered Britain's national collections, the Arts Council England has announced.
The other aspects of interest is the fact that his Will is to remain secret
  • Lucian Freud's will to remain secret after son loses legal challenge to its validity | The Telegraph - The distribution of Lucian Freud's £96 million fortune will remain a secret after one of his 14 children lost a legal bid to have the artist's secret will declared invalid
  • Artist Lucian Freud’s will illustrates the intricacies of secret trusts | FT -  Freud’s estate, valued at about £42m after payment of debts and taxes, has been the subject of contentious litigation, and all because details of the final beneficiaries were kept outside the will in a secret trust.

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European artists
​

Salvador Dali
  • The Dali Wrangle | Artlaw - 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.
Salvador Dali Crypt in Figueres
Salvador Dali Crypt in Figueres
​Marcel Marceau
  • 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.
Grave of Marcel Marceau in Père-Lachaise Cemetary in Paris
Grave of Marcel Marceau in Père-Lachaise Cemetary in Paris

RETURN to The Art Legacy
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