Open Forum

What does your collections policy say?

Most CMPs have statements in them which state that the museum is under no obligation to accept/receive bequests.  Also, the policies often state that museums can pick and choose what they want in a bequest offer.

I am not aware of any legal obligation to accept what you don’t want.  It only becomes yours if you want it.

As to reporting - to whom do you mean?  IRS?

Hi Jasmine,

Lana is correct that you need to review your collections policy, but it is legally up to your organization to make the decision whether to accept them or not. The mere act of someone bequeathing something to you does not make you legally required to accept. This happens to the National Academy somewhat frequently. In fact, we just had to turn down a bequest of artwork that we would not have accepted into our collection -- because of our collections policy, what the work was and how it related (or didn't) to our collection, and our responsible collecting practices. You can always politely decline the gift. I assume it came through a law office? 

The other folks who responded here are correct. You can receive the property and consider it for acquisition just like any other proposed contribution to the collection. I'd advocate for accepting the bequest if it is unrestricted, accept what you want, decline the rest, and dispose of the declined materials to a sale. Because these items were not accessioned, any proceeds derived from sale are not restricted to care/acquisition. 

I like CMP's to state that "bequests to the collection are considered for acquisition at the time they are legally and physically available for transfer." This helps you have good conversations with people who want to give you a load of materials that you may or may not be able to steward, and which may or may not fit your mission and scope of collection, when the person actually dies.