The battle over Annie Hay’s estate is far from over.
Heche’s oldest son, Homer Laffoon, filed new court papers this week contesting the validity of a 2011 email his mother allegedly appointed ex-boyfriend James Tupper as executor of her estate.
The 20-year-old insists the email “fails to meet the legal requirements for a valid formal witnessed will” because “he was not signed [Heche] And there are no two witnesses who signed the document [her] for life.”
“Mr. Tupper repeatedly refers to the email … as a ‘will.'” However — as a matter of law — the email does not qualify as either a holographic will or a formal witnessed will,” he wrote in his filing, which was obtained by Page Six.
Therefore, Lafoon claims that he is “a person with the highest priority for appointment” and is “legally eligible for appointment as administrator.”
Additionally, he alleges that it was “not unusual” for his mother to send emails like the one attached when she was faced with uncertainty. In fact, [Heche] Then sent a similar email to her bookkeeper on April 7, 2020 [she] has been infected with Kovid-19.”
“This document, which could not qualify as a will on the same basis as the email … makes no reference to Mr. Tupper, which is not surprising given their acrimonious breakup in 2018,” Laffoon argued.
After Heche’s death on August 12, Lafoon filed a petition to be named executor of her estate, requesting that he and his half-brother, Atlas Tupper, be listed as their mother’s sole heirs.
However, Tupper – who gave birth to 13-year-old Atlas with Heche – filed his own documents in which he claims the late star sent him an email in January 2011 that read, “FYI if I die tomorrow and anyone asks. It is my will that all my estate shall pass into the control of Mr. James Tupper, and be used for the rearing of my children, and then be given to the children.”
In his filing, Tupper, 57, further argued that Lafoon was “unfit” to run Heche’s estate, citing his young age, lack of a job and a fractured relationship with his mother when she died.
The actor also alleges that Lafoon changed the locks on Heche’s apartment, which she shared with Atlas, and prevented the teenager from getting his belongings inside.
Tupper also claimed that the stepbrothers had no contact after Heche’s death on August 12.
In his new filing, Laffoon refers to Tupper’s allegations as “baseless personal attacks” and “baseless legal claims.”
Heche – who shared Laffoon with ex-husband Coleman Laffoon – died aged 53 in a car accident on August 5 that left her in a coma with severe burns and severe injuries. She was later taken off life support and her organs were donated.
The Los Angeles County Medical Examiner-Coroner listed a sternal fracture from blunt trauma as the cause of her death, which was ruled accidental.