A Lesson In Intestacy From Tupac Shakur

From a trusts and estates perspective, Shakur’s death is an excellent study in estate planning, litigation, and management.

Tupac Shakur

September 13th marks the 22nd anniversary of the death of hip-hop superstar Tupac Amaru Shakur, more commonly known as 2Pac. Shakur was killed six days after a drive-by-shooting in Las Vegas, at the age of 25. His murder remains unsolved and the subject of many pop-culture conspiracies. In contrast to Shakur’s violent death and unsavory brushes with the law (he served prison time in 1995 for sexually abusing a 19-year-old woman in 1993), Shakur was known for his prolific canon of music and poetry, often writing about the social injustice that plagued inner-city communities. Additionally, Shakur is often praised for his poetry, compelling acting, and tremendous work ethic, the latter of which produced a robust catalogue during his lifetime and following his passing.

From a trusts and estates perspective, Shakur’s death is an excellent study in estate planning, litigation, and management. Shakur died intestate and despite litigation between his alleged heirs, under his mother’s control, the Estate released six posthumous albums — including 1996’s The Don Killuminati: The 7 Day Theory and 1998’s Greatest Hits, which are each certified 10 times platinum — a Broadway musical, several books, documentaries, clothing, and merchandise. Shakur is the first deceased performer to appear as a hologram (at Coachella in 2012). He is also the only artist to be nominated posthumously for the Grammy’s Best Solo Rap Performance award (in 2000 for Changes).

As noted previously, Shakur died intestate, as a resident of the State of California. Raised exclusively by his mother, as is evidenced by the narrative of  many of his songs, William Garland, alleging to be his father, claimed one-half of his Estate. In 1997, a trial ensued wherein Garland was denied any inheritance because he failed to demonstrate that his support and relationship to Shakur were substantial enough for him to be treated as an heir. Testimony revealed that Garland’s fatherly contributions included $820, a bag of peanuts, and a ticket to “Rollerball.”

Death sometimes increases the value of an artist’s work, at least temporarily. Such was the case at the famous 1987 Sotheby’s auction when following Andy Warhol’s death, his vintage cookie jars, normally priced for less than $100, sold for thousands of dollars. For musical artists, it is not uncommon for their estates to release recordings following the artist’s passing. Just a few weeks ago, the Estate of Prince (another superstar who died intestate) and Sony’s Legacy Recordings launched 23 albums originally issued by Prince between 1995 and 2011. These albums include many songs that were not available for streaming or digital services during his lifetime. This move has added more than 300 songs to Prince’s online in print catalogue. Surely this mean more revenue for the Estate.

During their lifetimes, artists are also embroiled in legal issues concerning their royalties and rights. It is therefore especially important for any artist to establish an estate plan so that someone can control, disseminate, sell, or withhold their intellectual and artistic property after their death, even if it is not financially driven. A practical concern for many artists is what to do with their art works after they pass away — where will they go?

In Shakur’s case, his mother, for whom one of his most famous songs, “Dear Mama,” is written, managed to grow his Estate both popularly and financially. In 2016, Afeni Shakur died unexpectedly at the age of 69. Her death is also a lesson in appointing alternate fiduciaries, that is, if you have a last will and testament in the first place. For certain, the words of Shakur’s homage to his mother ring true, as he often foreshadowed his own death: “Oh mama, I appreciate you. Although my shadow’s gone I will never leave you.”

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Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com

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