We're wrapping up our series of posts about singer/songwriter Bo Diddley's estate. His will gave his two longtime manager/agents and his attorney a great deal of control over his music legacy. He'd been burned many times in his life, selling off many of the rights to his music over the course of 30 years. The singer died in 2007, in Florida. This past January, his attorney decided that a sale of the singer's publishing rights -- which are slowly reverting to his estate -- would be the best, if not the only, way to pay an IRS debt. Diddley's heirs want to stop the sale, claiming the three advisers will profit at the expense of the estate and the heirs. They have said many times they plan to contest the will, but no action has been filed.
At a March 14 hearing on the sale of the publishing rights, the Circuit Court judge admonished the family for not being prepared. If they don't want the music catalog sold, he said, they need to propose an alternative plan for paying the IRS. He also asked the singer's attorney to look into a payment plan with the IRS.
Though the judge said he wouldn't decide on the sale issue until the parties did their homework, he did give Diddley's heirs a victory. He scolded the singer's attorney, who is also executor of the will, for not following through with specific instructions included in the will. First, he has not distributed Diddley's memorabilia to the heirs, nor has he turned over real estate the singer gave to family. The judge said, too, that debts on that real estate haven't been paid, and Diddley's home has not been appraised.
Finally, the judge took the manager/agents to task for shirking their responsibility to the family. They should be managing and maximizing Diddley's music and likeness "in perpetuity," he said, using language from the will. How does selling the publishing rights meet that obligation?
If the family prevails in this matter or in a will contest, would Diddley think that was a pretty thing?
Sources:
The Gainesville Sun, "Bo Diddley's estate in limbo," Kimberly C. Moore, 02/19/11
The Gainesville Sun, "Legal fight over Bo Diddley's legacy continues," Kimberly Moore Wilmoth, 03/14/11
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