When putting together an estate plan it is very important to specifically “test” the plan given certain situations that may occur. This means asking more “what if” questions when designing the plan so you can rest assured it will be executed the way you want. Not asking these tough questions up front can often times lead to confusion and a misunderstanding among the heirs of an estate and cause many ill feelings among loved ones.
Whether your estate is large or small there can be misinterpretations over what you intended and what others believe should happen. Being crystal clear about your intentions is critical to keeping things out of court and executing your estate plan the way you intended. Everyone puts an estate plan together with certain objectives in mind. If your wishes aren’t clearly stated and documented, people can have different interpretations about your wishes, often times leading to controversy and confusion.
A lawsuit accusing several people of taking advantage of Robert Indiana, the artist known for his iconic LOVE artwork, must be sorted out, before his estate can go forward with plans for a museum showing. Attorneys for the pop artist’s estate questioned those closest to Indiana about his assets, now valued at $60 million, according to a story from Associated Press titled “Untangling pop artist Robert Indiana’s estate may take years.”
In the case of Robert Indiana, the process of sorting out the assets and getting the museum started may be delayed for at least two years because of a lawsuit that alleges his caretaker and an art publisher took advantage of him and produced forgeries of his work. The pair denied the accusations but the legal battle still ensued. The lawsuit was filed by the company that owns the copyright to several of his most famous works.
The artist died in May at age 89 at his home on Vinalhaven Island, off the coast of Rockland, Maine.
Jamie Thomas, Indiana’s caregiver and power of attorney, acknowledged receiving more than 100 pieces of Indiana’s artworks as gifts over the years. Testimony suggested he was also paid about $490,000 and withdrew $615,000 at the request of the artist during the final two years of Indiana’s life. Thomas also received $35,000 for a car.
Indiana’s will stated he wanted Thomas to run the museum after his passing. Thomas’ attorney says there’s far more to the story and that more details will soon be revealed.
After the success of his LOVE sculpture, Indiana retreated to Maine. His desire for solitude was almost as legendary as his art. He was described as a quirky guy, “Even within the realm of artists,” said Michael McKenzie, the art dealer mentioned in the lawsuit. McKenzie worked with Indiana over the years to print and fabricate his artwork.
The lawsuit raised more questions as things unfolded. For example, an FBI agent investigating possible art fraud has requested an autopsy. The state medical examiner’s office has said that Indiana’s death was not suspicious even though the official cause of death was listed as “undetermined.”
As the years went by and Indiana aged his friends became concerned about his well-being. They weren’t convinced he could make rational decisions and that he may have been manipulated into doing certain things with his art and estate that he might not have done earlier.
The attorney for the estate said it is disappointing that it will take so long to fulfill the request made in his will. Transforming his home into a museum and displaying his artwork is expected to cost about $10 million. The house, listed on the National Register of Historic Places, is in a state of disrepair. This is just one of many issues that plague this estate because his wishes were not well documented and confirmed by others prior to his passing. Hopefully this will all work out for everyone in his will and for the general public to enjoy his art.