Estate Planning

Einstein's Estate: Theories of Relatives and Relativity

By Hull and Hull LLP

Albert Einstein died in 1955. In his will, he bequeathed the literary rights for the more than 75,000 papers and other items in his estate to the Hebrew University in Jerusalem. Since his death, this is said to have generated millions of dollars, mostly through the marketing of videos, bobblehead dolls and Halloween masks.

Recently, as reported by CNN, Einstein's granddaughter, Evelyn, has cried foul. She states that she has not received anything from the marketing and sale of Einstein merchandise. She asks what Einstein's image has to do with the bequest of his literary estate. On a sentimental note, she states that she is 69, and a cancer survivor who needs the money for health care.

The University takes the position that the bequest of Einstein's intellectual property includes the rights to the use of his image. It counters the granddaughter's emotional plea with a statement to the effect that the income from Einstein's estate is dedicated to scientific research.

It is not apparent as to whether any legal claim has been commenced by Evelyn.

As an aside, in 2002, Evelyn wrote an introduction to 'Dear Professor Einstein: Albert Einstein's letters to and from children'. In her introduction, she states that Einstein died when she was 14, and that she had little contact with him, although she exchanged correspondence with him.

As a further aside, Einstein's brain was removed upon his death for scientific purposes. Controversy and questions surround this episode of Einstein's estate, as well. In a 1994 documentary, Einstein's Brain, film maker Kevin Hull depicts an encounter with Einstein's granddaughter by adoption, Evelyn Einstein, who believes that she is biologically related to Einstein and who has been in dialogue with an institute to compare her DNA to that of Einstein's brain. A book by Michael Paterniti, Driving Mr. Albert: a Trip Across America with Einstein's Brain is a further account of the author driving across the US with the brain and the brain's supposed keeper, Dr. Thomas Harvey, to deliver the brain to Evelyn Einstein.

Thank you for reading.

Paul Trudelle

Full post as published by Toronto Estate Law Blog on February 16, 2011 (boomark / email).