17 Nov IF TOM BRADY CLONED HIMSELF, WOULD HIS HEIRS SUFFER A SUPER BOWL LOSS?
Tom Brady announced in November that his present dog, Junie, is a clone of his former dog, Lua, who died in 2023. This was done through the use of withdrawing blood from Lua (prior to her death) and cloning technology.
Although cloning technology has not yet advanced to the point where humans can be cloned (scientists are attempting to clone human embryos with the use of stem cell therapies), what would be the impact on Tom Brady’s estate and his heirs if he had not done any planning or if his planning lacked clarity?
If one doesn’t have a will or trust or beneficiary designation, then assets pass by the state laws as to who is to inherit. This is called intestate succession. However, there is no federal or state law that mentions human clones. So, it is unknown whether a human clone would inherit or what percentage of the estate would need to revise its laws on interstate succession. If there was a human clone prior to any law change, or there is a future artificially conceived child, then the inheritance rights of the clone should be clarified in estate planning documents.
Although the United Nations made a declaration to ban human cloning, it is non-binding. However, there is a Universal Declaration of Human Rights and the International Covenant of Civil and Political Rights resolution that clones should have equal rights (although this is not a substitute for law).
In the case of a celebrity such as Tom Brady, his name, image and likeness (NIL) and publicity rights (such as the use of his voice) could also be of value. Celebrities often enter into licensing prior to death. If not, NIL and publicity rights are assets of the estate. (See our article on the attempted use of AI resulting in a lawsuit by the estate of George Carlin, “George Carlin’s Estate Sues Since AI Fake Comedy Was No Laughing Matter”). Click here to view the article.
If Tom Brady’s heirs received an equal share of his estate with his clone, they may consider this a Super Bowl loss.
The rapid development of technology may require consideration in your future estate planning although often not practical at this time.
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