The Probate Lawyer Blog

Prince died without a will. So did Tupac Shakur, Bob Marley, and many other legendary musicians. Snoop Dogg doesn't even want a will. 

The question is: Why?

It seems like such a basic concept; everyone needs a will. Otherwise the laws of the state you live in determine who receives your assets and controls your legacy after you die. Without a will, you have no say in what happens, and the chances of a family fight increase dramatically.

Even though a will is relatively simple to create, studies consistently show that between 60% and two-thirds of adult Americans don't have a will. All states recognize a "holographic" will, which is one in your own hand-writing. They are perfectly valid as long as a couple basic conditions are met. This is not to say they are perfect by any means, but usually better than nothing. And most lawyers can create a basic will for a few hundred dollars or even less.

Even when an estate is modest is size, dying intestate -- without a will -- is never a good idea. So why don't more adults have wills -- including a surprising number of the extremely-wealthy?

These musical superstars highlight important lessons about why so many people fail to create a will before they die:

1. Prince:  Didn't Trust Professionals

The artist originally known, then formerly known, and then known again as Prince, reportedly developed a deep distrust of professionals, including lawyers.  He felt he had been burned earlier in his career by signing legal documents, so a stream of professionals was unable to convince Prince Rogers Nelson to sign important legal documents like a will.

The result?  His heirs and his legacy are in for trouble with what will likely be an expensive and drawn-out court fight over his vast fortune and musical legacy.

The first battle over the Prince Estate will be to determine who Prince's heirs actually are.  This morning, a man named Carlin Q. Willliams filed the first official paternity claim, based on his mother's affidavit saying she met Prince in July of 1976.  One thing led to another, and nine months later, Carlin was born.  A DNA test will come next, based on blood samples already preserved from Prince's body.

This paternity claim is just the beginning of the long road for the Prince Estate, trying to determine who should receive Prince's money.  If Prince had done a simple will, his instructions would have dictated who received what.  Paternity tests would not have been necessary.

Sadly, Prince's distrust of professionals means that a large chunk of his fortune will be spent paying legions of professionals while his heirs (both actual and potential) try to sort out the mess he left behind.

Tupac Shakur was well-known for his "Thug" image, his rap prowess, and his many Tupac Shakur's estateconflicts -- leading up to the tragic shooting that took his life at age 25. So should anyone be surprised at the high number of legal battles involving Tupac Shakur's estate? Or that Shakur could continue to be a pioneer in rap music, even years after his death? 

This is installment #17 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts. See other articles in the series here.

Tupac Shakur came to fame in large part due to his battles with police, inspiring lyrics in his first solo release so violent that Dan Quayle publicly denounced them -- building Shakur's "Thug" image in the process. In the same time frame, he was arrested five times for violent crimes, leading to numerous criminal charges and civil lawsuits, culminating in a confrontation during which he was shot multiple times. The very next day, Tupac was sentenced to prison for molestation.

The music world has been buzzing ever since the surprise appearance of Tupac Shukar — well, that is, a digitally-created 3-D image of Tupac — on stage to rap at the Coachella music festival in California.  Some have described this as creepy, like seeing a ghost.  Is this going to be a new trend for celebrity estates?  Should it be? 

First, there is the issue of legality.  Was it legal for Dr. Dre and Snoop Dogg to bring Tupac’s image on stage?  Because this was a use of Tupac’s image and likeness for commercial purposes, only the holder of the “right of publicity” for Tupac could authorize it.  That right is owned by Tupac’s estate, under the control of the executor — his mother, Afeni Shakur.

Reportedly, she not only authorized it, but was thrilled with the outcome.  Dr. Dre repaid the estate for this permission with a contribution to the Tupac Amaru Shakur Foundation, which is Tupac’s charity.