Art Advisory

Specialized advice for artists, collectors, and their attorneys

Ars Longa, Vita Brevis

“Life is short, art is long.”

We frequently provide advice to estate attorneys who need to include copyrights, trademarks, artistic creations, writing, compositions, and art collections in an artist or art collector’s estate plan.

For both artists and collectors, a collection often mirrors a life’s journey. Protecting and passing on these assets is about more than pursuing a passion or an investment strategy. It’s a culmination of the client’s journey.

Intellectual property may be the most financially and culturally valuable aspect of an innovators' legacy. Yet intellectual property is often the least understood type of property because it’s a rare asset that requires specialized knowledge.

We provide strategic advice to colleagues who specialize in estate planning, helping lawyers dedicated to the practice of trusts and estates capture the totality of their clients’ legacies.

We help estate professionals understand niche assets including:

Copyrights
Trademarks
Art collections
Archives
Artists’ foundations
Inventories and appraisals
Business succession for studios

Advisory Services

Our art advisory services mesh with our intellectual property and business advisory services, helping estate professionals identify and understand art assets, carry out their clients’ wishes for how these assets will transfer after death, and prevent future disputes about ownership and control.

We prepare comprehensive inventories of art collections and digital assets that identify what your client owns, what is subject to agreements like licensing and work-for-hire, and what is currently protected by trademark and copyright registrations. In addition to defining their assets for the purpose of estate planning, these inventories set the groundwork for strategic planning for intellectual property protections such as trademark and copyright registration as well as future monetization opportunities such as licensing.

In addition to understanding intellectual property law, we also have deep technical knowledge of potential tax implications. We work with estate professionals — lawyers, accountants, and financial planners — to mitigate tax burdens and avoid unexpected ambiguities that can cause prolonged legal disputes.

In all of our advisory services, we communicate clearly with clients and the rest of their support teams to ensure a cohesive strategy in managing art collections, valuation, tax planning, record keeping, provenance and authenticity, and more.

We believe in open and intimate discussions, and this is reflected in our advice. We meet with artists and their families for in-depth interviews that help artists understand who they want to be for those who come after them. These interviews not only identify tangible assets and beneficiaries—they help artists define their legacies, and help lawyers draft plans that accurately reflect artists’ intentions.

We also know that the word “family” takes on as many different meanings as there are artists, many of which are overlooked by traditional estate planning firms. Estate planning is personal and requires an understanding of your unique situation. We recognize the importance of chosen family and honoring your wishes, even if these wishes might be considered “alternative.”

Intentional and Inclusive

Yes! This is all we do in the realm of estate planning.

We do not work directly with clients on our own, but we regularly consult with colleagues on estates with significant art collections or intellectual property.

We will be happy to help you and your clients understand how to best tp plan for copyrights, trademarks, artistic creations, writing, compositions, and art collections.
We do not draft wills or trusts. We provide advice to dedicated estate planning professionals, helping them plan for their clients’ artworks, art collections, private foundations, copyrights, trademarks, patents, and archives.
We help estate lawyers understand the ins and outs of conveying art assets to beneficiaries, including tax, insurance, contracts, and more.If you have a specific question about our advisory services, please email us at hello@implementlegal.com.
Someone you trust! Sometimes one person will hold your end-of-life celebration, distribute your jewelry, manage your copyrights, and field art historians’ questions. Sometimes it’s important to allocate those responsibilities among a few experts. We can help you and your attorney make those important decisions.
Dr. Katherine de Vos Devine is an expert in appropriation art and regularly advises on the legal status of artworks that incorporate pre-existing content.
No. We advise on issues concerning intellectual property and art collections. We do not assist with any other aspects of estate planning.
Prospective clients and lawyers should reach out to hello@implementlegal.com to set up a consultation.

FAQs

Proactive and Strategic.

“Katherine and Rob take a wonderful proactive and strategic approach to addressing their client's goals. They are extremely gifted in working towards the overarching plans in place while also focusing on necessary details with warmth and integrity. ”

Meredith Connelly | Art by Meredith Connelly LLC