When baseball Hall of Famer Ernie Banks died his estate was not as extensive as many people would assume considering he was an all time great at one of the most popular sports in America. However, his was a time before big money for players and one of his most valuable rights when he died was the use of his likeness on everything from baseball cards to bobble heads. Before his death, the likeness rights were transferred to a trust as allowed under Illinois law but is being challenged in a battle between his widow and executor. If you ever have a client where this might be an issue, always consult state law, there being no federal statutes that control likeness rights of a person after death, as such rights may be extremely valuable and be planned for accordingly.
See Jeffrey R. Gottlieb, Ernie Banks Estate, Part 5: Rights of Publicity, Illinois Estate Plan, June 17, 2015.
Jeffrey R. Gottlieb
