LEGAL ISSUES (cont.)
Remember that it is also possible to name advisors to guide your executor or beneficiary in making decisions regarding your art. Even though you trust someone, they may not have the expertise to care for your art or to manage the documentation and records of your career.
If you die without making a will (dying "intestate"), your next of kin will have legal rights to your estate and its assets. Gay men and lesbians should be aware that unmarried partners are not legally recognized as having a right to your assets. Therefore, if you are gay or lesbian, it is particularly important that you make a will if you want to ensure that your lover or friend inherits your estate.
At the time you sign your will, you must be healthy enough to know the contents of your estate and to understand the scope and meaning of the provisions of your will. This is a particular problem with people with AIDS because someone wanting to contest the will could claim that you were suffering from dementia when you signed the will. A person contesting your will could also claim that you had been unfairly influenced by someone when planning your will or that the proper procedures were not used to execute the will. There are several actions you can take to avoid such problems:
Videotape the signing of your will to demonstrate you were aware of your actions. If you are in very poor physical condition, however, this could also be used against you.
Ask your lawyer about using an in terrorem clause. This means that if you give something to a family member in your will and they contest the will unsuccessfully, they lose the original bequest as well.