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 

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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.  

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

Larry King Estate Battle: Shawn King Files $100M Lawsuit Against Former Business Managers

by Winston Cho

Shawn King and television personality Larry King. Jonathan Leibson/Getty Images

A battle for the estate of Larry King is getting messier. Shawn King, the broadcaster’s widow, is suing her former business managers, accusing them of stealing money and conspiring to help King’s son Larry King Jr. usurp her as executor of the estate.

King died in January 2021 after being hospitalized for COVID-19. A month later, Larry King Jr. moved to become special administrator of the estate. He pointed to a handwritten amendment by King leaving his assets to his five children. Shawn King challenged the will, arguing it was changed under questionable circumstances. The matter was resolved through a confidential settlement. 

In a lawsuit filed Thursday in Los Angeles Superior Court, Shawn King alleges Blouin & Company colluded with Larry King Jr. to divest her from the estate in addition to illegally transferring millions of dollars to numerous people and entities without her permission. She seeks over $100 million for breach of fiduciary duty, professional negligence and fraud, among several other claims.

“The Blouin Defendants led a fraudulent and malicious conspiracy to steal money from their own client, Mrs. King, and deprive Mrs. King from her rights and interests in the estate of her late husband,” reads the complaint, adding that the firm shared confidential financial information with Larry King Jr. to aid him in his suit.

Shawn King takes issues with Blouin allegedly siding with Larry King Jr. in the fight for King’s estate. She says that the firm breached its fiduciary duty to her when client manager Bob Cinelli, a defendant in the suit, provided a sworn declaration in support of Larry King Jr.’s emergency petition to become administrator of the estate and by providing confidential financial information to him.

The suit claims that Blouin managed secret bank accounts to facilitate transfer of funds directed by Larry King Jr., who allegedly gifted money to several others. Those named in the complaint include Greg Christensen, a longtime former producer of one of King’s TV shows, and Becky Radant, King’s former assistant who allegedly helped Blouin keep financial information away from Shawn King. Radant was allegedly paid $50,000 and Christensen $40,000. They allegedly used the money to buy designer clothes, jewelry and furniture, among other things. 

In further violation of the firm’s fiduciary duties to her, Shawn King also says that Blouin neglected to pay recurring household bills and annual taxes for her, which has resulted in significant late fees and penalties. She claims the firm has refused to turn over financial records.

Blouin didn’t immediately respond to a request for comment.

King’s amendment to his will was written two months after he filed for divorce. It was never finalized, but Larry King Jr. argued that Shawn King shouldn’t be executor of the estate since she and King were actively involved in discussions to separate.

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Larry King Estate Battle: Shawn King Files $100M Lawsuit Against Former Business Managers

How Can You Transfer a Guardianship Between States?

When an incapacitated person cannot make personal or financial decisions, state courts may appoint a guardian to assist the individual with determining where to live, what kind of care to receive, or how to manage finances. In some cases, guardians may wish to move their ward — someone whom a court has found need a guardian’s protection — to another state for care.

However, guardianship, as a matter of state law, does not automatically transfer across state lines. In many cases, to transfer a guardianship, guardians must petition the state where the ward currently lives and the state to which the ward is moving. 

This process can be complex, as each jurisdiction has rules regulating guardianship. Inconsistencies between states can create challenges. For instance, one state court may find that an incapacitated person needs a guardian, whereas another may disagree.

Even after relocating, guardians may remain subject to the reporting requirements of the state in which the guardianship was initiated. The original state can retain jurisdiction if the guardian forgets to close the guardianship. Failing to comply with reporting requirements may cause legal problems, and the state may seek to remove the guardian.

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

The vast majority of states, as well as Washington, D.C., and Puerto Rico, have adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which has resulted in more efficient guardianship transfers.

Individuals can request that the state where they plan to resettle the ward records the existing guardianship order. Once the UAGPPJA state records the order, it honors it, allowing the guardian to continue making critical decisions for the ward after the move.

Nevertheless, even when states use the UAGPPJA, they implement it in various ways and have their own specific rules. Individuals seeking to transfer guardianships should consult an experienced attorney who can assist them with the process.

When Is a Transfer Permissible?

The UAGPPJA permits guardians to move wards across states when:

• Relocating is in the ward’s best interests, promoting the ward’s physical and mental well-being.
• The guardian has reasonable and acceptable plans for the ward’s care in the new home.
• No one opposes the transfer.
• The move is permanent; guardians cannot orchestrate temporary moves for convenience.

Notice Requirement

When guardians are first appointed, they must inform the close relatives of the incapacitated person, allowing them the option to contest the guardianship. This notice provision also applies to transfers: Guardians must inform close relatives when electing to take their wards to another state.

Many guardianship transfers are uncontested. Should a ward’s relatives challenge a relocation, courts often will hold evidentiary hearings to decide whether the resettlement is legal.

Although relocations can be complex, guardianships may transfer successfully when a move is uncontested and is in the ward’s best interests.

If you are looking to transfer a guardianship to a new state, be sure to connect with a qualified elder law attorney for help.

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How Can You Transfer a Guardianship Between States?

‘Shirley’s law’ passed, honors Mobile Co. woman who suffered elder abuse

by Typhani Gray

MOBILE, Ala. (WKRG) — Victory for a Mobile County woman who led the charge to create an “elder abuse registry” in the state of Alabama.

“Shirley’s Law” requires the state to keep a database of people convicted of abusing vulnerable adults so nursing homes and families can check a caregiver’s background. “Shirley’s Law” was created after Shirley Smith, who was financially exploited in 2017. 

Smith’s daughter Jo Holcombe said her mother will always be remembered as a lovely lady.

“She was the gentle southern lady of the 1960s who matched her hat, gloves and shoes,” said Holcombe. “She had a lot of physical struggles in her life and endured a lot of pain.”

Pain is one of the many words to describe what Smith went through in her last few months on earth.

Smith’s caregiver Veronica Wiggerfall wrote countless fake checks and forged Smith’s signatures, stealing thousands of dollars. On Wednesday, Sept. 21, Wiggerfall was convicted of financial exploitation of the elderly.

“Mother was financially exploited in October of 2017,” said Holcombe. “Throughout this entire process, we have worked to bring the person who did that to trial, because it fundamentally changed my mother in her ability to trust other caregivers, and feel safe and at peace in her own home.”

This pushed Smith’s daughter to create “Shirley’s Law” in honor of her mother. It’s an Adult Abuse Registry that will track those who are convicted of elder abuse.

Governor Kay Ivey signed this law into effect this year, making Alabama the first state in the country to pass a bill such as this one.

“It was needed, and it’s not anywhere,” said Holcombe. “The crime of elder abuse has become so rapid. It’s continuing to increase. As our population ages, it’s going to get more and more prevalent, and someone had to stop it.”

Homcombe hopes “Shirley’s Law” can one day protect the elderly across the nation.

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‘Shirley’s law’ passed, honors Mobile Co. woman who suffered elder abuse

FRANK IN CRISIS American Pickers star Frank Fritz’s friend files for conservatorship after stroke left him ‘unable to care for himself’

by Teresa Roca  

AMERICAN Pickers star Frank Fritz’s friend has filed for an emergency conservatorship after a stroke left him “so impaired” he is “unable to care for himself.”

Frank, 58, was hospitalized for a stroke on July 14 after a friend found him on the floor of his Iowa home. 

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Frank Fritz's friend has filed for an emergency conservatorshipCredit: Coleman-Rayner

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The TV star is 'impaired' after suffering a strokeCredit: Coleman-Rayner

The U.S. Sun can exclusively reveal Frank’s “longtime friend” filed an emergency appointment of temporary guardian and conservator for the star on August 18. 

In Iowa court papers obtained by The U.S. Sun, Frank remained hospitalized for a month after suffering the stroke, as he was expected to be released to a nursing facility on August 19. 

The documents read: “Because of his stroke, Mr. Fritz’s decision­-making capacity is so impaired that he is unable to care for his own safety, or to provide for necessities such as food, shelter, clothing, or medical care without which physical injury or illness may occur.

“Mr. Fritz’s decision­making capacity is so impaired that he is unable to make, communicate, or carry out important decisions concerning his own financial affairs.”

An exhibit was mentioned in the court papers from a doctor, confirming Frank “does not have decisional capacity.”

The legal papers continued: “Decisions must be made for Mr. Fritz’s care and placement while he continues to recover and receive treatment for his injuries. 

“Appointment of a guardian and conservator is necessary to avoid immediate harm to him.”

The Petitioner requested a separate “longtime friend” of Frank’s, who “has been assisting him in decision-making since the stroke,” be his guardian.  (Continue reading)

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FRANK IN CRISIS American Pickers star Frank Fritz’s friend files for conservatorship after stroke left him ‘unable to care for himself’

After $8 million judgment and contempt findings, lawyer’s license is suspended

By: Clark Kauffman

The Iowa Supreme Court has refused to reinstate the law license of a lawyer who was successfully sued for $8 million and recently held in contempt of court. (Photo courtesy of the Iowa Attorney General's Office.)

The Iowa Supreme Court has refused to reinstate the law license of a lawyer who was successfully sued for $8 million and recently held in contempt of court.

In June 2021, a Polk County judge awarded $8 million to a Polk County man and his daughter in a defamation case against Des Moines lawyer Jaysen McCleary.

The plaintiffs in that case had sued for defamation, alleging McCleary had wrongfully claimed the man sexually molested his own daughter. After McCleary failed to appear for the trial, he was found in default.

Since then, the plaintiffs in the case have been unable to collect the $8 million in damages they were awarded. On more than one occasion, McCleary was ordered to sit for a debtor’s examination intended to determine the nature and location of his assets, but failed to appear, according to court records.

According to a court filing by Polk County District Judge Scott Beattie, McCleary has avoided sitting for the examination while citing a “multitude of reasons, such as trips to the emergency room, broken ribs, having other scheduled hearings, being on pain narcotics, father’s death, and weather conditions.”

In July of this year, Beattie ordered McCleary to pay $1,000 in fines and serve 30 days in jail for willful contempt of court but stayed the jail sentence and said the contempt finding would be purged if McCleary completed a debtor’s examination by Sept. 25.

The plaintiffs have since asked the court to order McCleary to appear for the exam on Oct. 24.

While that case has proceeded in Polk County District Court, McCleary has been dealing with Iowa’s Attorney Disciplinary Board on a separate matter. Court filings indicate the board has considered at least nine complaints filed against McCleary between 2019 and 2022.

In May, the Iowa Supreme Court issued an order temporarily suspending McCleary’s license due to disability, not misconduct, stating that the Attorney Disciplinary Board had determined he was “unable to discharge his professional duties associated with the practice of law.”

McCleary then filed a motion to have the court immediately rescind the license suspension, at least until a hearing could be scheduled on the matter.

In a publicly filed motion, McCleary cited the opinion of clinicians who, he said, had determined he had no “cognitive or medical problems that are disabling.” In his motion, McCleary detailed the recommendations of the clinicians, which he said included psychotherapy, psychiatric oversight and the use of a professional coach. He noted that those were considered mere “recommendations for optimal performance,” rather than requirements to safely practice law.

“A vegan diet would also be optimal for all attorneys, given that heart disease — cholesterol — is the number one killer of humans, including attorneys,” McCleary told the court.

Referring to himself in the third person, McCleary told the court that in January the board had tried to have him voluntarily suspend his license after he “suffered six fractured ribs when a bison tried to kill him.”

The court agreed to hold a June 8 hearing on the license suspension, at which point McCleary filed a motion asking for a continuance, citing shoulder surgery that “requires the use of strong prescribed pain killers that make it difficult if not impossible to think clearly.”

The court agreed to delay the hearing until “McCleary informs the court that he is able to proceed,” but ordered that the license suspension remain in effect.

McCleary, who apparently splits his time between Iowa and Montana, could not be reached for comment. His attorney, Angela Campbell, declined to comment.

Editor’s note:  Jaysen McCleary filed a defamation suit against Clark Kauffman, currently Iowa Capital Dispatch deputy editor, and his former employer, The Des Moines Register, related to a story the Register published in 2017. The case was dismissed by the court.

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After $8 million judgment and contempt findings, lawyer’s license is suspended

Courts: Couple bilked elderly people out of more than $18K – mainly for Door Dash

by: Jeff Wiehe

FORT WAYNE, Ind. (WANE) – A Fort Wayne couple is accused of using access to elderly people’s checking accounts to bilk them out of more than $18,000 – most of which was spent on Door Dash orders.

Allen County Prosecutors charged 22-year-old Eleza L. Rodriguez and 23-year-old Herman L. Tinker III with felony counts of corrupt business influence and theft on Thursday.

Rodriguez is accused of getting to the checking accounts of people through her job with a placement agency which provides workers to retirement and assisted living homes, according to Allen Superior Court documents.

Then she and Tinker would use those accounts to fix their car or order food or buy items online, court documents said.

From a 97-year-old man and his 92-year-old wife, they are accused of taking $18,669 in a span from October to December last year, according to the court documents.

In the span of one month – Nov. 4 to Dec. 2 – the couple is accused of ordering more than $13,500 worth of Door Dash orders from places such as Rally’s, Mr. Beast Burger, Papa John’s and Lewis Street Grille, court documents said. 

In 59 transactions, Rodriguez and Tinker are accused of transferring $1,500 of that couple’s money to a Cash App account and they are also accused of using about $1,000 to fix the windows of a Nissan Altima that they drove, court documents said.

Rodriguez is also accused of using an 85-year-old man’s checking account to also order food at least once, even though that man told investigators in court documents he does not have a computer, a cell phone or an email address to do so.

Warrants for both Tinker and Rodriguez have been issued, but it’s not clear if they’ve been booked into Allen County Jail.

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Courts: Couple bilked elderly people out of more than $18K – mainly for Door Dash

Watchdog says Glastonbury lawyer may be incapacitated

by Alex Wood

Oct. 5—The office that prosecutes disciplinary cases against Connecticut lawyers says it has "information and belief" that Glastonbury lawyer Wesley S. Spears "is incapacitated from continuing to practice law by reason of physical and/or mental illness."

INCAPACITATED?

LAWYER: Wesley S. Spears, who practices from his Glastonbury apartment

ALLEGATION: That Spears may be unable to continue to practice law as a result of "physical and/or mental illness"

STATUS: Case is pending in Hartford Superior Court, where Spears is vigorously disputing the allegation and charging that it stems from a conspiracy against him involving judges, prosecutors, and Glastonbury police

The chief disciplinary counsel's office has filed a petition in Hartford Superior Court asking a judge to place Spears on "inactive status." But first, the office wants the judge to order an examination of Spears "by a qualified medical expert or experts" to help determine whether Spears is incapacitated.

The "presentment" doesn't detail the basis for the office's belief that Spears is incapacitated, and Chief Disciplinary Counsel Brian B. Staines said Tuesday that the office doesn't comment on its cases.

Spears is vigorously opposing the petition. He has said in a motion that he is planning to arrange for testimony by at least six judges, five state's attorneys, and more than 25 lay witnesses, including incarcerated defendants.

Spears, 68, who practices law from his apartment in One Glastonbury Place at 32 House St., represents defendants in 137 criminal and motor vehicle cases in addition to parties in 15 pending civil lawsuits, according to the state Judicial Department website.

If a judge finds Spears incapacitated and places him on inactive status, another lawyer would be appointed as "trustee" to protect his clients' interests.

Judge Susan Quinn Cobb has scheduled a "trial management conference" for Oct. 11 in the disciplinary counsel's case.

Glastonbury police searched Spears' apartment July 29 after obtaining authorization from Judge Sheila M. Prats. The basis for the search was evidence that a gun may have been fired in the apartment that month, possibly on July 16, with the bullet piercing a wall and coming to rest in a next-door neighbor's apartment. No arrest has been made in the incident.

Spears filed a motion this week saying that Glastonbury police had filed papers prohibiting him from obtaining a firearm for self-protection. The result, he said, was that he was denied the right to buy a gun on Saturday at Hoffman's Gun Center in Newington.

The motion asks the judge to prohibit Glastonbury police from preventing Spears from obtaining a gun to replace the one they seized. Neither the Glastonbury Police Department nor any of its officers is a party in the disciplinary counsel's case, however.

Spears alleges in a motion that the disciplinary counsel's petition is part of "a broad-ranging conspiracy that has continued for years, involving judges, States Attorneys and the Glastonbury Police department against the defendant, Wesley Spears."

In another motion, Spears says he has filed a "Judicial Complaint" against Judge Laura F. Baldini alleging "bias and prejudice" against him. He adds that it is the only judicial complaint he has filed in 43 years of law practice. Spears says in the motion that he has proof that Prats was aware of his complaint against Baldini when Prats signed the warrant authorizing the search of his apartment.

Kevin J. Dunn, the executive director of the state Judicial Review Council, said he couldn't confirm or deny the existence of a complaint by Spears, explaining that state law bars him from doing so unless the council initiates a hearing on a complaint.

Spears also alleges that he accidentally discovered personal misconduct by two judges.

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Watchdog says Glastonbury lawyer may be incapacitated

Texas City PD launches investigation into nursing home at center of elderly abuse video

In 2020, more than 80 people at this facility tested positive for COVID-19 and some were treated with hydroxychloroquine. 

By Chaz Miller

TEXAS CITY, Texas (KTRK) -- Texas City police confirm they're investigating a potential case of elderly abuse at Solidago Health and Rehabilitation.

No charges have been filed to this point against the workers seen jerking and kicking an 86-year-old man on camera, but ABC13 can confirm they are no longer employed at the facility.

The man's granddaughter, who spoke only with us on Monday, said she couldn't believe what she witnessed when she pulled up the footage.

"I was just speechless," his granddaughter, who wished to remain anonymous due to fear of retaliation, said. "I know it does happen, but I didn't think it would happen to my grandfather."

According to the Medicare website, the most recent health inspection of Solidago Health and Rehabilitation was done by state officials in July 2021.

It found violations related to the grooming of residents, the storage and usage of medication, and issues with sanitation, but none of those were deemed serious. In fact, each of the eight violations listed were labeled as containing a "minimal level of harm or potential of actual harm" based on federal standards.

With that being said, the Medicare website uses state data from multiple years to give nursing homes a five-star rating, and Solidago Health and Rehabilitation has one star.

Texas Health and Human Services is working to provide us with additional inspection reports of the facility.

"I know some people don't believe that elderly should be put in nursing homes, but it doesn't mean for the people who should be put in nursing homes should be mistreated," the man's granddaughter said.

Solidago Health and Rehabilitation was previously in the news when it was known as The Resort at Texas City. In April 2020, more than 80 individuals inside the facility tested positive for COVID-19, and some were controversially treated with hydroxychloroquine.

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Texas City PD launches investigation into nursing home at center of elderly abuse video