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

[Laird, Katherine]

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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Bar Association nor its officers or agents. 

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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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