[WSBAPT] Commissioned art and status after decedent's death

[Ralph Maimon]

Katherine
 
My $.02:  
 
I think that there is a significant  intellectual property aspect to this
question.  Who owns the unfinished artwork and if the estate does own it
and plans to have another artist finish it, that may be a "no no" under IP
law.   As to the contract aspects, I think that we are talking about a
contract (verbal) for a finished product but unpaid in full. The contract
is in limbo but the artist is probably entitled to stop working on it
until paid in full or the verbal contract is repudiated.  If repudiated, I
think, for the reasons above, it will be a battle as to whether he is
required to turn over the unfinished artwork but is probably entitled to
keep the unfinished work. . 
 

Ralph Maimon 
Law Office of Ralph Maimon, P.S. 

2811 E. Madison Street

Suite 202

Seattle, WA  98112

Tel: (206) 323-0911
Fax: (206) 462-1505  

rmaimon at maimonl <mailto:rmaimon at maimonlaw.com> aw.com

 


 


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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Laird, Katherine
Sent: Monday, August 18, 2014 11:57 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Commissioned art and status after decedent's death



Hello listmates:

As I am more from the real estate side of this listserv group I am hoping
the probate folks out there can help.

Facts: prior to his death, decedent commissioned a piece of art (a
beautiful marble font) as a memorial piece to honor his dead wife.  The
artist was a year into the project (without a written a contract, which is
relevant) and the decedent had paid $10,000 in progress payments before
his death.  Prior to his death another $7000 was due but not paid (but not
disputed, according to the artist).  Estate has not paid the $7000.
Executrix, the sister of the decedent, wants to honor her brother’s desire
for the art memorial but the estate has not entered into a contract.
Artist has stopped all work on the project awaiting payment and a signed
contract for the completion of the artwork.  It has been 7 months and the
artist wants to move on.  The question is this: if the estate pays the
$7000 due but does not execute a contract for completion of the marble
memorial, is the artist required to turn over the unfinished artwork
(partially etched marble pieces) to the estate?  Have you ever seen a fact
pattern like this?

Thank you for your thoughts and suggestions.

 

Katherine Kramer Laird 
CenturyPacific, LP 
Suite 1680 
1201 Third Avenue 
Seattle, WA  98101 
Ph. 206-757-8892 
Fax 206-757-7890 
katherinelaird at centurypacificlp.com     

 

 

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