So, you’ve made your mark in the entertainment industry—maybe you wrote a killer screenplay, starred in a hit TV show, or composed a song that’s still raking in streams. But have you ever wanted more answers about what happens to those royalty payments in the event of your death and you’re no longer around to cash them?

Unlike a house or a car, intellectual property isn’t something you can physically pass down. But it is an asset—one that can keep generating income long after you’re gone. And without a solid estate plan, your creative legacy could end up stuck in legal limbo, lost to disputes, or worse, falling into the public domain where anyone can use it for free. Let’s talk about how to make sure your royalties, residuals, and intellectual property stay in the right hands.

What’s the Difference Between Royalties, Residuals, and Intellectual Property?

Let’s break down these terms:

• Royalties: These are payments made when someone else uses your work. Authors earn royalties from book sales, musicians from streams and licensing deals, and artists when their work is reproduced.
• Residuals: These are a type of royalty mostly found in Hollywood. If you wrote for a TV show or acted in a film, you may still be getting residuals from reruns, streaming, or syndication.
• Intellectual Property Rights: This includes copyrights, trademarks, and patents that legally protect creative works. And yes, these rights survive beyond your lifetime and can be passed on to beneficiaries—if you’ve got an estate plan in place.

Can You Earn Money from Unproduced Work?

Got a half-finished novel or an unproduced script gathering dust? Don’t assume it’s worthless. Many works have been published or adapted posthumously—think Michael Crichton’s novels, Prince’s vault of unreleased music, or countless screenplays that finally made it to production. But if you don’t include them in your estate plan, your heirs might not even know they exist—or worse, they might not have the legal right to do anything with them.

What Happens Without a California Estate Planning Attorney?

If you pass away without a plan, California’s intestate succession laws decide where your assets go. That might mean your royalties and intellectual property get passed down in ways you didn’t intend. Here’s what could go wrong:

• Your heirs might not know how to manage your creative assets—leading to missed payments or lost opportunities.
• Probate court could delay access to funds—meaning your beneficiaries won’t see a dime until the legal process sorts everything out.
• Copyrights could expire or fall into the public domain—losing their earning potential forever.

A Los Angeles Intellectual Property Lawyer Can Help

The smartest way to protect your royalties and intellectual property is by setting up a revocable living trust. This ensures your assets transfer smoothly to your chosen beneficiaries while skipping probate court. Here’s why it’s a game-changer:

• No Probate Delays: Your heirs get access to your assets immediately instead of waiting months (or years) for legal red tape to clear.
• Control Over Who Gets What: You decide exactly how your royalties and residuals are distributed—whether in lump sums, scheduled payouts, or through a foundation.
• Protection from Creditors & Lawsuits: Trust assets are harder for outside parties to get their hands on.
• A Trustee Who Knows the Industry: If your heirs aren’t familiar with entertainment contracts and royalty structures, a knowledgeable trustee can manage your estate to keep revenue flowing.

Long-Term Financial Planning Tips

Royalties don’t just stop when you do. Copyright protection lasts your lifetime plus 70 years—meaning your heirs could be collecting payments for decades. To keep things running smoothly, take these steps:

1. Make an Inventory: List all copyrighted works, contracts, and royalty agreements.
2. Hire an Estate Attorney: Work with someone who understands entertainment and intellectual property law.
3. Appoint a Successor Trustee: Pick someone who knows how to handle royalties, residuals, and contracts.
4. Leave Clear Instructions: Spell out how you want payments distributed, whether evenly among heirs or set aside for a specific purpose.
5. Keep Everything Updated: As new works are created or contracts change, update your estate plan accordingly.

Hire an Estate Lawyer to Protect Your Royalties

If you’ve built a career in entertainment, writing, or the arts, you’ve worked hard for your creative assets—so don’t leave them unprotected. Without a solid estate plan, your intellectual property could end up in legal limbo, benefiting the wrong people, or worst of all, generating no income at all.

At Best Coast Estate Law, P.C., we specialize in helping creative professionals secure their royalties, intellectual property, and artistic legacy for generations to come. Let’s make sure your work continues to pay off long after you’ve taken your final bow.

Ready to protect your creative legacy? Contact us today to get started!

Happy planning!

Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Brittany Britton is licensed to practice law in the state of California only