Hello list,

I work at a small historic house museum and I don't have a lot of experience 

handling large donations.  We recently received a bequest of china that is worth 

a good deal of money.  The china was meant to go to another museum, which 

refused to accept it, and in that event it was supposed to revert to the 

executor's ownership.  The executor, however remembered the deceased's 

connection to our institution and decided to offer the china to us.

I did not want to accept all of it for several reasons.  Some does not fit our 

mission statement, some is in poor condition, most are incomplete sets or single 

pieces, and we have very little storage/display space.  I voiced my opininions 

but was overruled by the institution's director and the collections committee 

chair. (Both also refused bring the decision before the full collections 

committee, which is the procedure outlined in our collections policy.)

The executor was notified at the time of transfer that we would like to sell 

some of the china to benefit the existing collections and he gave verbal 

approval.  I am not aware of any tax forms he may have signed, only of a 

transfer of ownership that our director was asked to sign and notarize. (This 

document has not been signed yet, even though the china was physically 

transferred to us in 2009.)

Now, the director and annual auction benefit committee have decided to offer 

some of the better pieces at our annual silent auction.  They plan to contact 

the executor as he expressed an interest in being notified should these pieces 

ever go up for auction.  They also plan to place a "buy it now" price on the 

items.

My question is, is all of this allowable legally?  I know that in some cases of 

disposal, the IRS must be notified.  Would that apply in this case?  I'm not 

sure who I can ask for advice- we don't have a lawyer and I will not be able to 

get approval to speak to one on this matter.

Thank you for any and all advice!

Jen



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