Article · Wills and Estates

Passing Down Your IP: Copyright, Patents, Publicity Rights, and Estate Planning

Type
Article
Jurisdiction
National
Date
2026-01-16
Topic
Wills and Estates

Intellectual property is often the most valuable and most overlooked asset in an estate, and every kind of it follows its own rulebook when the owner dies. This guide maps how copyrights, patents, trademarks, trade secrets, royalty contracts, and the right of publicity each pass to heirs, and why the non-waivable copyright termination right under 17 U.S.C. §§ 203 and 304 can override even a carefully drafted will. It explains why patents are melting ice while copyrights run for the author's life plus seventy years, why a trademark cannot be inherited apart from the goodwill of its business, and why a trade secret can be destroyed by the very probate filing that catalogs it. It works through the estate-planning toolbox (wills, revocable trusts, grantor trusts, holding entities, and beneficiary designations), the IP-specific tax traps under 26 U.S.C. §§ 1221, 1235, 1014, and 691, valuation for the estate, and the digital-assets problem under RUFADAA and the Stored Communications Act. The aim is a plan that routes the right rights to the right people and keeps every income stream alive.

Passing Down Your IP: Copyright, Patents, Publicity Rights, and Estate Planning

Wills and Estates > Estate Planning | Published 16 January 2026 - Updated 3 April 2026 | UpLaw - uplaw.us

Intellectual property survives its creator on strange, statute-specific timetables, generates income for decades, and gets left out of more estate plans than any other valuable asset. This guide is a working map of how copyrights, patents, trademarks, trade secrets, royalties, and publicity rights are inherited, and how to plan around the one right no will can redirect.

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