Showing posts with label Anne Heche. Show all posts
Showing posts with label Anne Heche. Show all posts

Thursday, April 25, 2024

Anne Heche’s Son Homer Claims Estate Cannot Pay Its Debts: New Docs

By Esther Kang

(L) Anne Heche and Homer Laffoon. Photo: Rachel Murray/Getty

Anne Heche
's son, Homer Laffoon, says her estate is unable to pay its outstanding debts.

In court documents obtained by PEOPLE, Laffoon has claimed that the estate is "not yet in a condition to be closed" due to its inability to pay back its pending charges.

Laffoon, who serves as the proprietor of Heche's estate, reported that the late actress' estate consists of a "modest bank account, royalty payments and other residual income from pre-death projects, a corporation in which the Decedent was the sole shareholder (used for projects in development and business functions related to Decedent’s career in the entertainment industry), an LLC membership interest related to a podcast Decedent helped create and tangible personal property items." 

Anne Heche. PHOTO: Axelle/Bauer-Griffin/FilmMagic

Though the report says that some assets have amounted to $110,000 and others are being appraised, seven creditors have filed claims against the estate - and three are seeking $2 million. They were filed by the couple who owned the home Heche crashed into when she lost her life and another woman who was renting the property and lost her belongings. Heche's ex Thomas Jane is also among the creditors, seeking $149,106.04, according to the report.

With creditor claims totaling over $6 million and the "anticipated value of the combined Inventories and Appraisals," Laffoon reports that the estate will not be able to pay its debts.

The 22-year-old proprietor also reported that sales for Heche's posthumous memoir Call Me Anne were "not strong" and claimed that its total income is estimated to be less than $25,000. In addition to a planned estate sale, Laffoon notes that he is "actively engaged in attempts to negotiate appropriate settlements of the claims against the Estate." 

Anne Heche with her sons Atlas Tupper and Homer Laffoon. PHOTO: Anne Heche/Instagram

Though efforts have included "substantial meet and confer efforts with the creditors in an attempt to avoid protracted and expensive litigation," Laffoon is "cautiously optimistic that the creditor claims can all be resolved fairly and without litigation."

PEOPLE has reached out to Laffoon's attorney for comment. 

Heche died after being involved in a car accident in Los Angeles on Aug. 5, 2022. After being in a coma, the state of California declared Heche legally dead on Aug. 12. She was temporarily kept on life support to prepare her organs for donation. Two days later, her rep confirmed to PEOPLE she had been taken off life support.  

Full Article & Source:
Anne Heche’s Son Homer Claims Estate Cannot Pay Its Debts: New Docs

See Also:
Anne Heche's Son Homer Laffoon, 20, Named General Administrator of Her Estate

Anne Heche’s Son Homer, 20, Reveals His Mom Left Behind ‘Modest Bank Accounts' And No Real Property As Fight With Late Actress’ Ex James Tupper Heats Up

Anne Heche's Ex Claims Her Son Homer Has Treated Half-Brother, 13, in 'Hostile Manner' Since Her Death

Homer Laffoon Petitions for More Control Over and Access to Late Mom Anne Heche's Financial Assets

James Tupper Has 'Little to No Claim' in Legal Proceedings with Anne Heche's Son: Legal Expert 

Anne Heche's Son Homer Claims Actress's Signature on Will Presented by Ex James Tupper Is Invalid

Anne Heche's Estate Battle Boils Over With New Accusations

Monday, December 5, 2022

Anne Heche's Son Homer Laffoon, 20, Named General Administrator of Her Estate

By Dana Feldman and Stephanie Wenger 

Anne Heche Homer Laffoon James Tupper. PHOTO: getty (2); Anne Heche/Instagram

Anne Heche
's older son Homer Laffoon has been named general administrator of her estate after a months-long legal battle with her ex James Tupper that began after the actress died following a car crash in August.

The 20-year-old has been vying to take legal control over Heche's remaining assets despite legal objections from Tupper, 57. In court in Los Angeles on Wednesday, Homer — whom Heche shared with ex-husband Coleman Laffoon — scored a legal victory when Judge Lee Bogdanoff named him to a permanent position of power.

Homer's attorney Bryan Phipps issued a statement to PEOPLE after the hearing: "We believe the court reached the correct result this morning, both legally and equitably, and are glad to have this phase of the process behind us. With Mr. Tupper's allegations and objections now resolved, we are hopeful the administration of the Estate can proceed without unnecessary complication." 

The judge did issue the caveat that Homer could be removed as administrator if any evidence of fraud or embezzlement surfaces related to the estate. (This proviso seemingly was issued in response to Tupper's claim that $200,000 worth of jewelry has gone missing that Heche owned at the time of their relationship just four years ago.) But up to this point, said Judge Bodganoff, there has been no evidence of wrongdoing.  

With Heche's second memoir schedule to released in January and residuals for her acting roles still incoming, Judge Bodganoff noted the estate's value is not set, so he scheduled a future hearing on the matter to address an $800,000 bond on the estate Homer previously requested. 

Wednesday's decision comes more than a month after Homer was granted expanded "special powers" as the special administrator of Heche's estate, according to court documents obtained by PEOPLE.  

Homer was granted permission to "take possession of all the personal property of the estate of the decedent and preserve it from damage, waste, and injury," according to the documents. He is required to move the property into a storage facility and inventory the items within five days of the relocation.

He was also granted the power to protect the interests of Heche in "the publication agreement" of her forthcoming book.

Additionally, Homer is able to receive copies of Heche's financial records and file personal tax returns on her behalf. The documents state that Homer is now able to "commence and maintain or defend" suits and other legal proceedings. 

Tupper previously objected to Homer's latest request for the court to "expand his authority" over his late mother's estate, citing poor treatment of his and Heche's son, 13-year-old Atlas.

Tupper, 57, previously alleged that Homer "has acted in a hostile manner" towards his half brother and "has refused to communicate with him or his representatives at all." 

"Further, Atlas has no confidence in [Homer]'s ability to meet his fiduciary obligations to Atlas," the filing stated, adding that Homer has allegedly not inventoried their mother's belongings, per his agreement with Tupper and Atlas, before they place the items in storage.

Tupper's attorney Christopher B. Johnson previously argued that Homer already had some of the powers he'd requested from the court, which they said "underscores his lack of competence and inability to preserve estate assets."

Johnson repeated those claims in court on Wednesday, claiming "mismanagement" by Homer, but Judge Bogdanoff declared there was no evidence of any malfeasance by Homer, nor any credence to Tupper's claims. (When Homer was named special administrator in late October, the filing indicated that Tupper's objection had been "reviewed and considered.")

Judge Bodganoff added at this latest hearing that he has "encouraged the brothers to talk about things" twice, noting that "Atlas was caught in the crossfire" of the legal battle over control of the estate. 

After Homer filed papers to assume control of his mother's estate in September, he and Tupper have been locked in a legal battle. Although Homer claimed that his mother didn't have a will, Tupper said Heche named him the executor more than a decade ago. Homer has since argued that the signature on his mother's purported will is not valid, while accusing Tupper of preventing him from communicating with his younger brother.

The pair has also been fighting for guardianship ad litem of Atlas, with Tupper arguing earlier this month that Homer has "conflicts of interest" in the custody battle for his biological son as it relates to Heche's estate, and that appointing him custody "would actually harm the interests" of Atlas. 

Heche died after being involved in a car accident in Los Angeles on Aug. 5. After being in a coma, the state of California declared Heche legally dead on Aug. 12. She was temporarily kept on life support in order to prepare her organs for donation. On Aug. 14, her rep confirmed to PEOPLE she had been taken off life support.  

Full Article & Source:
Anne Heche's Son Homer Laffoon, 20, Named General Administrator of Her Estate

Wednesday, October 26, 2022

Anne Heche's Ex Claims Her Son Homer Has Treated Half-Brother, 13, in 'Hostile Manner' Since Her Death

By Glenn Garner

Anne Heche Homer Laffoon James Tupper. Photo: getty (2); Anne Heche/Instagram

Anne Heche
's ex James Tupper is pushing back against her older son Homer Laffoon amid their ongoing legal battle.

In new court documents obtained by PEOPLE, Tupper has objected to Homer's latest request for the court to "expand his authority" over his late mother's estate, citing poor treatment of his and Heche's son, 13-year-old Atlas.

According to the documents, which were filed in Los Angeles County Superior Court, Tupper, 57, alleges that Homer, 20, "has acted in a hostile manner" towards his half brother and "has refused to communicate with him or his representatives at all."

"Further, Atlas has no confidence in [Homer]'s ability to meet his fiduciary obligations to Atlas," the filing states, adding that Homer has allegedly not inventoried their mother's belongings, per his agreement with Tupper and Atlas, before they place the items in storage. 

"On behalf of Atlas, [Tupper] requests that prior to granting [Homer] any powers to take possession of the tangible personal property in the apartment, the Court compels [Homer] to provide an inventory of such personal property to Atlas so it can be determined whether [Homer] actually safeguards all of the Decedent's personal property in the future and conflict can be minimized," the documents read.

Additionally, the documents state that Tupper believes the bond should be set at $2 million, not $800,000.

Tupper's attorney Christopher B. Johnson argues that Homer — who Heche shares with ex-husband Coleman Laffoon — already has some of the powers he's requesting from the court, which they said "underscores his lack of competence and inability to preserve estate assets."

After Homer filed papers to assume control of his mother's estate last month, he and Tupper have been locked in a legal battle. Although Homer claimed that his mother didn't have a will, Tupper said Heche named him the executor more than a decade ago. 

Homer has since argued that the signature on his mother's will is not valid, while accusing Tupper of preventing him from communicating with his younger brother.

The pair is also fighting for guardianship ad litem of Atlas, with Tupper arguing earlier this month that Homer has "conflicts of interest" in the custody battle for his biological son as it relates to Heche's estate, and that appointing him custody "would actually harm the interests" of Atlas. 

Heche died after being involved in a car accident in Los Angeles on Aug. 5. After being in a coma, the state of California declared Heche legally dead on Aug. 12. She was temporarily kept on life support in order to prepare her organs for donation. On Aug. 14, her rep confirmed to PEOPLE she had been taken off life support.  

Full Article & Source:
Anne Heche's Ex Claims Her Son Homer Has Treated Half-Brother, 13, in 'Hostile Manner' Since Her Death

See Also:
Anne Heche

Saturday, October 22, 2022

Homer Laffoon Petitions for More Control Over and Access to Late Mom Anne Heche's Financial Assets

 By Charmaine Patterson

Photo: Rachel Murray/Getty

Anne Heche
's son is asking a court for more access to the late actress's assets.

According to documents obtained by PEOPLE, Homer Laffoon's attorney filed documents in the Superior Court of California in Los Angeles County on Thursday, requesting "the Court to expand the authority" so the 20-year-old can "take possession of property and other assets of [Heche's] Estate."

Per the filing by Laffoon's attorney Bryan L. Phipps Laffoon needs to be able to remove all of her items from her condo, which was only paid through October, "to avoid addition fees and costs and, ultimately, potential loss."

The documents also note that Heche had several checks addressed to her that she never deposited, which Laffoon will need to deposit before they become "voided." 

PHOTO: Patrick Randak/NBCU Photo Bank/NBCUniversal via Getty

Expanding his powers would allow Laffoon to possess the actress's property to protect it "from damage, waste, and injury," and receive any claims and rents that would come to her, according to the filing. He could also "manage, perform, and enforce the rights and interests of [Heche] and the Estate regarding the publication agreement and forthcoming book by [Heche]."

Laffoon is also asking for a bond of $800,000 and access to his mother's financial records. 

Anne Heche Homer Laffoon James Tupper. Photo: getty (2); Anne Heche/Instagram

The new filing comes amid the legal back-and-forth between Laffoon and Heche's ex James Tupper, 57, who co-parented 13-year-old son Atlas Heche Tupper with the actress before her death in August.

Earlier this month, James and Atlas took the next step in their ongoing dispute against Laffoon over who will control the late actress's assets and be appointed the guardian ad litem of Atlas.

In a less than 15-minute hearing, Judge Lee Bogdanoff addressed Christopher Johnson, who was in court with his client, Tupper and his 13-year-old son Atlas, as well as Phipps, who was in court via Zoom on behalf of Laffoon.

Laffoon was not in court for that hearing. 


The judge did not mince words, noting to Tupper: "I take it the matter has not been resolved." All parties concurred and the court found that Tupper and his son had not yet gained access to Heche's apartment to gather items, including clothing and Atlas's computer.

The judge asked Phipps why access hadn't been granted so Atlas could collect his belongings and "maybe to look around in memory of his mom." Phipps replied that there were some outstanding issues, such as an inventory of personal property before granting access. There was discussion that photos were taken of certain items and that Tupper was made aware those would be available for pickup.

Judge Bogdanoff later made it clear the brothers have an equal interest in the estate and that it will get divided equally. Johnson said the real issue is who will be the administrator of the estate — another matter which, as the judge said, remains unresolved. 

Heche died after being involved in a car accident in Los Angeles on Aug. 5. After being in a coma, the state of California declared Heche legally dead on Aug. 12. She was temporarily kept on life support in order to prepare her organs for donation. On Aug. 14, her rep confirmed to PEOPLE she had been taken off life support.

Full Article & Source:
Homer Laffoon Petitions for More Control Over and Access to Late Mom Anne Heche's Financial Assets

See Also:
James Tupper Has 'Little to No Claim' in Legal Proceedings with Anne Heche's Son: Legal Expert 

Anne Heche's Son Homer Claims Actress's Signature on Will Presented by Ex James Tupper Is Invalid

Monday, October 10, 2022

James Tupper Has 'Little to No Claim' in Legal Proceedings with Anne Heche's Son: Legal Expert

Anne Heche's son, Homer Laffoon, may have the upper hand in legal proceedings against James Tupper's request to become the guardian ad litem of his 13-year-old son Atlas Heche Tupper

By Kelly Wynne and Stephanie Wenger 

Video

James Tupper
may have no legal ground in asking to be the guardian ad litem of his biological son, Atlas Heche Tupper, according to a legal expert.

Family law expert, Atousa Saei, explained to PEOPLE why Anne Heche's son and Atlas' half-brother, Homer Laffoon, may have the upper hand in litigation regarding Heche's estate.

"I really think that Tupper is just going to be kind of faded out of this whole situation," Saei told PEOPLE. "I think he's the father of a minor who stands to inherit from his mother, and I think that's really going to be the extent of his involvement here. I don't think that the court's going to find that he's a valid — that he's the executor of it, of the estate."

She added, "I also don't think the court is likely to award him as the [guardian ad litem] here. Because remember, if the court does need to appoint someone as the GAL, the court can just appoint a neutral. It doesn't have to be him." 

Photo: David Buchan/BAFTA LA/Getty

On Tuesday, Laffoon, 20, filed an opposition — obtained by PEOPLE — against Tupper's request to become the guardian ad litem of Atlas, 13. This is not the same as a legal guardian, however, it gives the guardian rights to decide what is in the best interest of the child in a legal sense. Theoretically, this would give Tupper, 57, control over Heche's estate as passed on to Atlas.

Saei compared this to Britney Spears' former conservatorship. "Sometimes, as we saw in the Britney Spears case, the guardian ad litem in representing the best interest of the incapacitated party might report back to the court things that are completely, completely different than what that incapacitated party wants," she said. 

Photo:  getty (2); Anne Heche/Instagram

On Monday, Tupper filed paperwork asking that Laffoon (whom Heche shared with ex-husband Coleman Laffoon) be removed as the temporary executor of Heche's estate.

His legal claim, obtained by PEOPLE, stated: "In order to preserve family harmony and a healthy, brotherly relationship between ATLAS and HOMER, and given the complexity this estate will foreseeably involve – i.e. intellectual property and publishing issues, possibly third party claims, and public relations issues – a bonded, neutral, private professional fiduciary would be a more appropriate administrator." 

Photo:  Rachel Murray/Getty

Laffoon's response asked for Tupper to be removed from any involvement in Heche's estate, as they were no longer in a relationship at the time of her death. To do this, he cited possible "conflict of interest" — which relates to the potential of a lawsuit by Heche's estate to remove him as any beneficiary.

"[Laffoon] raises up something interesting where he said, 'Had they been married, during the divorce process, that would've been handled, but because they weren't married, it's like an oversight on her end where she just failed to change the beneficiaries of some of her accounts,'" Saei added. "So now he's got the money and they pointed to that as a direct conflict of interest in being appointed a guardian ad litem because they were saying that the estate may actually have to go sue him." 

In September, Tupper surfaced an email from Heche dated 2011 that was to serve as an electronic will, after it was assumed Heche died without a will. Laffoon has challenged the will's legitimacy because it was not physically signed, or overseen by two legal witnesses.

In Saei's professional opinion, this will is not valid. "I think it fails in more than one area," she said. "It's not just that it's electronic, but it's also because you don't have a valid signature, you don't have witnesses and so forth." 

Heche died after being involved in a fiery car accident in Los Angeles on Aug. 5. After being in a coma, the state of California declared Heche legally dead on Aug. 12. She was temporarily kept on life support in order to donate her organs. On Aug. 14, her rep confirmed to PEOPLE she had been taken off of life support.  

Full Article & Source:
James Tupper Has 'Little to No Claim' in Legal Proceedings with Anne Heche's Son: Legal Expert

Friday, September 30, 2022

Anne Heche's Son Homer Claims Actress's Signature on Will Presented by Ex James Tupper Is Invalid

Anne Heche's older son, Homer Laffoon, has been entangled in a legal back-and-forth with her ex James Tupper over who should control the actress's estate

By Dory Jackson


Anne Heche's will — or lack thereof — continues to cause tension between the loved ones she left behind.

Per court documents obtained by PEOPLE, Heche's older son Homer Laffoon (whom she shared with ex-husband Coleman Laffoon) has filed a nine-page supplement to his previous petition to assume control over his mother's estate.

The 20-year-old claims that his mother's ex James Tupper, 57, has been interfering with Homer's attempts to communicate with his 13-year-old old half-brother Atlas Heche Tupper since Heche's death in August.

Homer also claims in the filing that a 2011 document Tupper considers a will — and which he asserts named him administrator of Heche's estate — is not valid because the signature on the document does not belong to Heche and was not observed by two witnesses as required by law.

Legal representative for both Homer and Tupper did not immediately return PEOPLE's request for comment. 

Photo: JC Olivera/Getty; Anne Heche/Instagram

Per Tuesday's filing: "Mr. Tupper repeatedly refers to the email attached to the Objection as a 'will.' However — as a matter of law — the email does not qualify as either a holographic will or formal witnessed will," the document reads. "The email fails to satisfy the legal requirements for a valid holographic will because the material provisions of the purported will are not in the handwriting of the Decedent. A will is valid as a holographic will, whether or not it is witnessed, if the signature and the material provisions are in the handwriting of the testator."

The filing continues, "The email presented to the Court as Decedent's 'will' by Mr. Tupper fails to meet the requirements for a valid holographic will because the signature and material provisions are not in the handwriting of the Decedent. The email fails to satisfy the legal requirements for a valid formal witnessed will because the email was not signed by the Decedent and does not have two witnesses who signed the document during the lifetime of the Decedent."

The document also points out that without a proper will, "there can be no nomination of an executor" or an executor selected, in general. This role is important as the executor "is appointed to administer an estate pursuant to a valid will," according to the legal papers. 

Photo: Rachel Murray/Getty

Homer also called several of Tupper's own previously filed objections to the 20-year-old's "suitability" to administer his mother's estate — including claims Homer was "'estranged' from his mother at the time of her death" — "inaccurate and unfounded."  

Anne Heche. Photo Axelle/Bauer-Griffin/FilmMagic

Heche was involved in a fiery car accident on Aug. 5 and then was transported to a Los Angeles-area hospital. The actress sustained several injuries from the incident, and PEOPLE confirmed two days later that she was in a coma and had "not regained consciousness" since the crash.

The state of California declared Heche legally dead on Aug. 12, but she temporarily remained on life support to allow for her organs to be removed and donated. On Aug. 14, her rep confirmed to PEOPLE she had been taken off of life support.

She is buried at the Hollywood Forever Cemetery in Los Angeles.

Full Article & Source:
Anne Heche's Son Homer Claims Actress's Signature on Will Presented by Ex James Tupper Is Invalid

See Also:  

Anne Heche's Estate Battle Boils Over With New Accusations

 

Sunday, September 25, 2022

Battle escalates over late actress Anne Heche's estate

The late actress Anne Heche left behind two children and an unknown amount of wealth
 
ByHaley Yamada 

The late actress Anne Heche left behind two children and an unknown amount of wealth after she died in a fiery car crash in early August.

Now, her 20-year-old son, Homer Laffoon, and her ex-boyfriend, actor James Tupper, who's also the father of her other son, 13-year-old Atlas Heche Tupper, are going head-to-head over who has control over her estate.

After Laffoon filed a petition in August, a court appointed him as "special administrator" of the estate on Sept. 15.

David Glass, a family law attorney and an ABC News contributor, defined what this means in the legal battle.

"A special administrator only has the power to keep the estate open and to start counting up the assets. The special administrator does not have the power to start transferring or selling assets," Glass said.

However, Tupper, who said he had a relationship with Heche from 2007 to 2018, claims in a court filing that he's the will's rightful executor and alleges he was copied on an email that Heche sent to lawyer Kevin York in 2011 indicating her wishes in case of death.

"My wishes are that all of my assets go to the control of Mr. James Tupper to be used to raise my children and then given to the children," Heche wrote, according to a copy of the email included in the court filing. According to Laffoon's petition, Heche ultimately died without signing a will.

Tupper is asking the court to name a third party fiduciary as the executor or in the alternative name his as executor. He also argued in the court filing that Laffoon is not "suitable" to represent Heche's estate or the interests of his younger brother -- citing his age and unemployment -- and argued that he was estranged from his mother when she died.

The document also claims that Laffoon changed the locks on his mother's home the day she died, preventing his half brother, Tupper's son, from retrieving his belongings.

"We prefer to see the estate administration play out in court and not in the media, as our legal documents speak for themselves," Laffoon's attorney, Bryan Phipps, told ABC News in a statement. "The court appointing Homer special administrator last week supports that decision."

Heche, an Emmy award-winning actress, suffered serious burns and a major brain injury when her car jumped a curb and crashed into the side of a Los Angeles home on Aug. 5. Nearly 60 firefighters worked to pull her from the wreckage. She was taken to a hospital in a coma and died a week later.

A hearing to decide whether Tupper, Laffoon or a third party should control the estate is set for Oct. 11.Glass said that these types of cases can take a while.

"They are usually not decided for at least six months to a year," Glass said. "Ultimately, if neither of them has a perfect case, the most likely result is that the court will appoint a neutral administrator, a professional fiduciary to go through the estate and distribute it."

Friday, September 23, 2022

Anne Heche's Estate Battle Boils Over With New Accusations


By Cory Parker
 
Hollywood's still reeling over the tragic death of Anne Heche, and although the actor found a final resting place among her Hollywood peers, it looks as if the legal battle over her estate has only just begun. Heche left behind two sons from two different relationships: Homer Laffoon, 20, whom she shared with Coley Laffoon, and Atlas Tupper, 13, whom she shared with James Tupper. Multiple outlets have reported that the actor didn't have a will at the time of her death, setting the stage for a courtroom quarrel between Homer, who's seeking control of his mother's estate, and James, who alleges that Heche wanted him in charge.

Earlier this month, we exclusively reported on the legal hurdles Homer could face in his bid to take control of his mother's estate. Now, as the battle over boils over, a legal expert is discussing Homer's chance of success in commentary obtained by Nicki Swift.

Anne Heche's eldest son, Homer Laffoon, filed a petition in late August asking to be named legal executor of his mother's estate. However, according to new legal documents obtained by TMZ, James Tupper believes he's the rightful executor of Heche's estate. Not only that, but the "Men in Trees" actor also says Homer "is not suitable" for the role, noting that the 20-year-old is unemployed and was estranged from his mother at the time of her death.

The court has appointed Homer as a special administrator of the estate, but according to legal commentary obtained by Nicki Swift, that could change within a matter of weeks. "The court will hold a hearing to determine if Homer should remain special administrator," said Ryan Sellers, founding partner at Dallas, Texas-based Hales & Sellers PLLC, adding that Homer cannot "do any harm" as he is without the authority to take possession of property belonging to the estate in his role.

"I would still expect the estate to end up with a neutral third party as its principal administrator, unless Homer will agree to James Tupper's appointment in the interest of saving expenses," he added. According to the legal expert, Homer has a slim chance of being appointed to administer the assets of the estate, and if reports that he locked his 13-year-old brother out of an apartment owned by the estate are true, it could be virtually impossible.
 
Full Article & Source: