Marilyn Monroe’s Estate Estopped From Claiming A Posthumous Right Of Publicity.

Marilyn Monroe’s will was probated in New York which does not recognize a posthumous right of publicity.  Both the federal trial and appellate courts concluded that because her executors consistently represented during the probate proceedings that she was domiciled in New York at her death to avoid paying California estate taxes, they are judicially estopped from asserting California’s posthumous right of publicity.  Milton H. Greene Archives, Inc. v. Marilyn Monroe, LLC. (Ninth Circuit; August 30, 2012) (Case No.’s 08-56471, 08-56472, 08-56552).