Literary option valid after death of writer?

[Maggie44]

What is the name of your state? California

A writer gives a free 18 month option on a completed screenplay to a
production company. The writer dies five months into the option and
the project is inherited by his wife. Is the option still valid after his
death? Or can his wife ask for a new option agreement under her
ownership?

[divgradcurl]

Originally Posted by Maggie44

What is the name of your state? California

A writer gives a free 18 month option on a completed screenplay to a
production company. The writer dies five months into the option and
the project is inherited by his wife. Is the option still valid after his
death? Or can his wife ask for a new option agreement under her
ownership?

If the "option" was free, it's not an "option" under the law, it's just a promise made by the writer, and so does not survivie his death. Had the option been a "paid-for" option, in other words, a "real" legal option, then the answer might be different depending on the wording of the option.

In other words, yes, his wife can ask for a new option agreement, because no option agreement currently exists.