What happens to your / your client’s files when you die?

[kslight]

Over the weekend a singer I had worked with in 2011 (and had a common big name collaborator, she later worked on tour as his assistant, but she and I didn’t share any more music together) passed. I pointed out that there were a handful of songs we had recorded that few people probably have heard, and her partner reached out to me and I shared these songs to her.

She is of course grateful, but also now she has unearthed a hard drive from the deceased’s belongings presumedly of various songs she has worked on - I don’t think I’m the right person to receive this, as I like I said I really only worked with this individual over a few studio days in 2011. So there is little I can do / would feel right doing with any of this art - unsure how to proceed. I asked for clarification of the contents of the drive, and expressed my concerns. How would you respond?

And that got me thinking about the title here. This one is new to me.

[vvv]

It's part of her estate.

Whoever is handling that should be consulted.

If no administrator, it goes to the heir(s).

If there's any monetary value, be careful.

[Nick Sevilla]

As V stated, that drive is now part of her Estate. There should be an executor, usually assigned by a court.

Maybe her partner knows who this is. It is not your business what happens to the decedent's stuff, UNLESS later on, the Estate contacts you to work on posthumous releases.

Sorry for your loss.

[jimjazzdad]

It does raise interesting questions (beyond the legal and financial) about what happens to a musician's work when they die...If they haven't left instructions, who will protect and preserve the body of work? Not the lawyers and accountants, I'm sure. Would we have Mozart or Vivaldi today if some student, fan, or speculator had not taken upon themselves to say "Damn this is good stuff, worth saving!"?

If you valued this person's work, grab the hard drive. The legal and financial implications can be worked through later. The chance to protect an artist's legacy is fleeting.

[kslight]

Yeah I understand the estate owns it (presumedly her parents), one reason I’ve been reluctant to receive it. Though I’m told it was found in her apartment with other things related to our mutual collaborator - my best guess is it’s actually a drive he gave her of his songs for her to potentially work on. There’s also a letter she wrote to our mutual collaborator, who has conveniently not been responding in order to receive this letter (which possibly would have info about what is on the drive, if anything, etc).

Just thinking about the broad question, as this person was only 34 and relatively unexpectedly, I doubt too many preparations were made with respect to death. Not well known outside of her own home town as far as I know.

[digitaldrummer]

sorry for your loss. I just saw last night that a guy I played one show with a few years back passed as well (so many of these are unexpected). So it's a good topic for discussion.

I've seen/heard a quote somewhere that one of the greatest gifts you can give your family is a will (or a properly planned estate, etc).

It's very true (having had 2 of my younger brothers pass and neither had a will). it can be a real mess for the family if you don't have something in writing. If you want someone to do something specific with your music, then you need to get it in writing (and while you are at it, please cover everything else in your will). it doesn't cost a lot to see an estate planner, but if that's what is holding you back, then find one of those half-legal templates on the web and fill it out because the probate court will usually give it consideration when there is nothing else "official" . Even an official will does not force the probate court/judge to abide by it though - they can decide for example, that if you wish to leave all your guitars to your cat, that maybe those should actually go to your spouse and kids instead or whatever.

As others said, the executor or administrator of the estate can sometimes even be required to carry out your instructions for your music (of course that also assumes the estate is financially solvent - in other words if there is no funds, then nothing is required of the estate or executor/administrator). so if I was going to do work for an estate (say on a posthumous release) I would likely negotiate payment up front (or at least partial payment) to ensure that the estate did have funds to do the work. Or if the estate is not funding it, make sure the person you are working on is authorized by the estate (get it in wiring) and make sure they have $$ for it.