Estate royalties

Johnny Starlight said:

I have a client whose deceased grandfather was apparently a relatively accomplished author. His books were traditionally published. However, no one in the family seems to know where the royalties are going.

My understanding of the business is that the author is paid directly from the publisher (in a traditional publishing contract).

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Could be going to a literary agent (who ought to then be passing the money on.) But yes: the publisher ought be paying royalties to someone, and you'd think they'd know who.

If someone rang me up asking who owned the copyright in, say, the late JR Hartley's book on fly-fishing, I'd probably check with Contracts to see who they have on file, and at the same time check that I was allowed to divulge the info. In 99% of cases I'm sure it's entirely innocuous to do that and I'm pretty sure I've put people in touch like this in the past.

First step is to find the probate records, if they exist. If so, and if the assets were never inventoried and/or distributed, then the administrator (or "personal representative," depending on the state's terminology) could contact the publisher now and be entitled to information on royalties. If the assets (which include the copyrights) were already distributed, the probate records would indicate who got what.

If there's no probate, then one would have to be done, and then the appropriate person could contact the publisher.

It's possible the copyrights were held in a trust, however, in which case, it's a more complicated process to find out where the assets are.

Also, I'm not clear on the time frame -- did the grandfather die recently, or years ago? And when was he published; are the books still in print and widely available? There may not be any royalties if the author is dead and the publisher isn't marketing the books.

As always, not giving individual legal advice, just some general information.

I'm afraid we're not really the place to ask this kind of information; as an attorney, I'm sure you understand that.

You need to discuss this with the publisher in question, as well as dealing with issues of probate, agents, etc.

Be aware that not all books earn royalties, as well. There may not be any royalties due.