A heartbreaking family dispute over the administration of Anne Heche’s estate unfolded in downtown Los Angeles on Tuesday, as the father of the late actress’ younger son tried to convince a judge to give him control – in no small part, he said, because 20-year-old half-brother Homer has been treating 13-year-old Atlas “like his enemy.”
James Tupper, Heche’s ex-boyfriend and star of TV shows like “Men in Trees” and “Revenge,” appeared at the Stanley Mosk probate court in Los Angeles with Atlas Heche Tupper, the former couple’s teenaged son. Tupper was before Judge Lee Bogdanoff with his attorney to petition to become Atlas’ guardian ad litem, in order to become the administrator of Heche’s estate.
The 53-year-old actress was involved in a horrific car crash in Mar Vista on Aug. 5, slipped into a coma and passed away on Aug. 12. She left no will. Heche wrote an email in 2011 to Tupper stating that should anything happen to her, she wished her assets to be divided equally between her two sons. That email is not a legal document, however.
Heche also has a 20-year-old son, Homer Laffoon, with her ex Coley Laffoon. Appearing on behalf of Laffoon via video conference was attorney Bryan Phipps. The judge said Laffoon, as the elder son, and being over the age of 18, would likely to be appointed administrator unless proved unfit.
Tupper attempted to argue that Laffoon was unqualified because of the way he has shut out his younger half-brother metaphorically and literally, by changing the locks and refusing Atlas entry into Heche’s apartment to obtain his laptop and other personal items.
Bogdanoff ordered that Atlas be allowed into the apartment to retrieve his things and urged the two sides to work things out.
Tupper said, “I don’t feel his older brother is going to have [Atlas’] best interests if he’s the administrator. He’s treating [Atlas] like his enemy,” he told the judge. “If he’s the administrator of the estate their relationship is going to be [one of] hatred forever.”
But Bogdanoff said that did not make the older son unqualified, stating his job as judge wasn’t to determine who is the “best person.” Rather, he said, he’s here to determine whether someone is qualified to be an administrator of the estate.
He denied Tupper the right to be guardian ad litem, stating it wasn’t necessary. “You’re his dad,” he said. “You have the ability to appear.”
Tupper, dressed in jeans and a windbreaker, appeared to shake his head, causing Bogdanoff to snap: “Do not shake your head at me and take your hands out of your pockets.”
Bogdanoff said he would grant Tupper’s request to file a competing letter to appoint a professional fiduciary (neutral party), to be the administrator, but warned him, “You are largely wasting your time.”
Tupper has until Oct. 20 to file a competing letter and both parties have been ordered to return to court on Nov. 30, where Bogdanoff indicated that he will likely appoint Laffoon as administrator.