Why Creatives Need Estate Planning: Tips for Protecting Your Assets

Richard Singer, MBA

Partner, Sr. Wealth Advisor

Summary

Explore smart strategies like trusts, asset protection, and tax-saving tools to secure your financial future.

A creative working a job

If you’re a creative professional — such as a producer, composer, writer, or artist — you know success often comes from multiple income streams. But you may not be paying enough attention to managing and protecting wealth while you’re building it.

If you unexpectedly die or become disabled, your loved ones may face legal issues and tax problems. They might also have to deal with public attention and possibly have fewer assets than you wanted to leave them.

Estate planning is important for any individual, but being a creative professional can create unique planning challenges. Strategic estate planning helps make sure your wealth lasts a lifetime. It also ensures your wealth is shared correctly and protected after you die. Otherwise, your hard-earned assets are vulnerable to mismanagement, taxes, lawsuits, and unexpected life events.

Why plan now?

Estate planning isn’t just for people with high-net-worth or who have retired — it’s for anyone building wealth. In your profession, it’s even more critical because your assets aren’t always straightforward. You may be managing intellectual property (IP), royalties, business ventures, and brand deals. Without a plan, those can get messy fast.

A solid estate plan answers questions like:

  • Who gets what — and when?
  • How do I protect my assets from taxes, lawsuits, and creditors?
  • What happens to my creative work and rights?
  • How do I provide for kids, a spouse, or dependents?
  • Who makes decisions if I can’t?

These aren’t just legal hypotheticals but real-life decisions that affect your family. Legacy planning for creatives can help avoid unwanted strife.

Lessons from the entertainment industry

Plenty of big names in entertainment skipped planning with undesirable results:

  • Prince: No will, no trust, and six years of legal drama and public scrutiny.
  • Heath Ledger: Had a will but didn’t update it after having a child.
  • Philip Seymour Hoffman: Missed tax-saving strategies, leaving heirs with a huge bill.
  • Anne Heche, Larry King: Disputes over unclear or handwritten wills.
  • Picasso: Six years and $30 million in legal fees to settle his estate.
  • George Michael: An outdated will led to legal disputes for his partner.

The takeaway? Estate planning for creatives is essential to help protect your legacy and heirs.

6 smart strategies for creative professionals

Your career might be unpredictable, but your financial plan doesn’t have to be. Here are some strategies worth considering:

1. Revocable or irrevocable trust

Trusts for creative professionals are practical tools. They help with legacy intellectual property, royalties, or business interests as well as real estate and other valuable assets. A trust can:

  • Keep your financial affairs private (avoiding public probate).
  • Protect assets from lawsuits and creditors.
  • Help ensure your creative work and rights are passed on exactly as you intend.

Common options include revocable living trusts for flexibility and liquidity, and irrevocable trusts for stronger asset protection and estate tax planning.

2. Charitable lead annuity trust (CLAT)

If giving back matters to you, CLATs can combine philanthropy with tax benefits. Here’s how they work:

  • You set up a trust that makes charitable gifts later in its term.
  • Investments inside the trust have more time to grow, building family wealth.
  • Benefits include immediate tax savings, estate tax reduction, and asset protection.

Charitable trusts for creatives are a great option if you want to support causes you care about while securing your financial legacy.

3. Asset protection trust

Creative professionals often face unique risks such as lawsuits, contract disputes, or even divorce. Asset protection for creatives includes trusts that will:

  • Shield your assets from creditors and legal claims.
  • Provide reassurance that your wealth stays intact, even during tough times.

These are especially useful if you own a business or have significant intellectual property.

4. Dynasty trust

Want your work and wealth to benefit future generations? Dynasty trusts:

  • Can last for decades (or even centuries, depending on state law).
  • Help reduce estate taxes over multiple generations.
  • Protect assets from creditors and divorces within the family.

This could be the right option if you want to build a lasting legacy.

5. Family limited partnership (FLP)

FLPs allow you to:

  • Transfer assets to family members while keeping control.
  • Reduce estate taxes through valuation discounts.
  • Protect wealth from outside risks.

This strategy works well if you have business interests or valuable intellectual property you want to keep in the family.

6. Spousal lifetime access trust (SLAT)

SLATs and intentionally defective grantor trusts (IDGT) are irrevocable gifting trusts designed to:

  • Move assets out of your taxable estate while preserving access as needs arise.
  • Make assets available for the benefit of your spouse (SLAT) or your heirs (IDGT).
  • Allow gifted assets to grow outside of your taxable estate.

These trusts can be useful if you expect your estate to exceed estate tax exemption thresholds and want to reduce taxable estate value.

Taking control

Implementing a combination of legal and financial strategies aimed at safeguarding your assets from potential threats such as lawsuits, divorce, creditors, and other legal risks is a crucial step. In addition to helping preserve and grow wealth over the long term, estate planning can help you maintain privacy and discretion.

You can start by recognizing the distinct risks and circumstances you face as a creative professional. Leverage advanced planning strategies along with tailored financial planning for creatives. It’s the first step toward securing your financial future and legacy.

Reach out to your Mercer Advisors wealth advisor to discuss estate planning and find out how we can help.

If you are a creative professional and want to learn more about estate planning as part of a comprehensive wealth management solution, let’s talk.

All expressions of opinion reflect the judgment of the author as of the date of publication and are subject to change. Some of the research and ratings shown in this presentation come from third parties that are not affiliated with Mercer Advisors. The information is believed to be accurate but is not guaranteed or warranted by Mercer Advisors. Content, research, tools and stock or option symbols are for educational and illustrative purposes only and do not imply a recommendation or solicitation to buy or sell a particular security or to engage in any particular investment strategy. All investing involves risk, including the possible loss of principal.

Mercer Advisors is not a law firm and does not provide legal advice to clients. All estate planning documentation preparation and other legal advice is provided through select third parties unaffiliated with Mercer Advisors, depending on the complexity of the estate, additional fees may apply.

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