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I may need an Entertainment Attorney for this one

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M

marleedav

Guest
I'm a songwriter and have written dozens and dozens of songs. Quite a few of my songs have been recorded and are being performed in Europe and Austrailia. I also have four more artist recording songs this year. My royalty checks come from BMI (for airplay) and from my publishers for mechanical sales. My question is, if something happens to me, do my songs automatically go to my husband and kids? I'm talking about the money the songs earn.

Thanks!
Marlee
(West Virginia)
 


Dandy Don

Senior Member
Congratulations on using your skills creatively. Not many people can do what you do.

Approximately how much do the royalties add up to, each year?

How do you want that money to be spent: by the executor (any way that he or she wants to), or put into a savings account for your children to receive when they become legal adults?

(1) Have a will prepared and be sure to name 2 executors: a primary executor and an secondary one who would serve in the event that the first one died or was unable to serve. Executor has the authority to cash these checks. Or, alternatively, the trust department of any bank could handle these checks after you have died.

You might want to include in your will a paragraph or 2 that describes how you want this money to be handled. Your attorney can advise you on the wording.

(2) If possible, make a list of the addresses and/or phone numbers of all the companies who send you royalty checks, just so that your executor will be informed about who to contact in the event of your death just in case an address change might be needed.

DANDY DON
 
M

marleedav

Guest
Dandy, thanks for the reply! I've been off the net for a few days (due to some bad storms we've had), so I just read your reply today. The Royalties vary, depending on the amount of airplay, record sales, etc. I'm not too worried right now because I haven't had a major cut (such as Garth Brooks)! So far, the biggest thing that's happened is a young man sang one of our songs on the Jenny Jones Show (got a nice fat check for that one). But, I do have a lot of promising artist singing my songs and looking for record deals. If any of these artist become a major, or if a major hears one of the songs and wants to re-record it, the money could amount to quite a bit. I could get a hit song 20 years from now, but be dead. So, I'd want my kids to have the checks. They are all young adults so I guess I'll meet with an attorney as to what to do about the will. It just never occured to me until recently that I should protect the kids. I guess it would be like a book author. If he/she died, who would get the proceeds of the book sales if there were no will? I assumed the proceeds would automatically go to the heirs. But, I guess I'm wrong.

I appreciate your congrats about my songwriting! It's something I really love. I waited to raise my kids before following my dream as a writer. It just took took much out of me to raise kids and write. One or the other would get neglected, and I didn't want it to be the kids. If you like country music, you can check out our songwriter's site at www.demosongshop.com :)

Once again, I want to thank you for the advice. I think I better see an attorney in person, rather than try to do a will myself on the Internet. I was looking at the documents online and don't understand all this legal talk!! You've been a great help. Have a wonderful day!

Marlee
 

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