Anne Heche's family is continuing to fight over her money in a bitter legal war, with her son and ex-husband squaring off in court.
According to new legal documents, obtained by The Blast, Heche's son -- Homer Laffoon -- is asking the court to give him authority to handle his mother's affairs, along with be in charge of her estate going forward. But, the move has come with stiff disagreement from her ex-husband James Tupper, who is the father of her youngest son.
The battle centers around an email sent by Anne, which Tupper believes should be considered her will. We broke the story, Anne's family filed legal documents claiming she died "intestate" or without a will. Tupper included the email, which specifically points out what she wanted IF she were to pass away.
The email reads:
'FYI in case I die tomorrow and anyone asks, 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.'
Anne Heche's Son Claims The Actress Did NOT Have A Will
The problem is...Homer's lawyers are arguing that since Anne never signed the document, nor can they prove she actually send it, it should be invalid as a "will."
"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 (Heche.) 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 reads.
Adding, "The email fails to satisfy the legal requirements for a valid formal witnessed will because the email was not signed by the (Anne) and does not have two witnesses who signed the document during the lifetime of the (Heche)."
Interestingly, Homer's legal team points out that this isn't the only time Anne has sent emails of this kind, claiming she did something similar after getting COVID-19.
Anne Heche Sent Several Emails About Dying Before Her Untimely Death
"What is more, it was not uncommon for (Anne) to send emails such as the one attached to the Objection when she was faced with uncertainty. In fact, the Decedent sent a similar email to her bookkeeper on April 7, 2020, after she contracted COVID-19," they said.
Unfortunately, the battle amongst family members is getting so bitter, that Homer is willing to testify just how "aggressive" Tupper is getting throughout this process.
He writes, "If necessary, several disinterested parties can testify to Mr. Tupper becoming irrationally aggressive and threatening since Anne's accident and the institution of the probate proceedings, which should not have been viewed as adversarial."
The situation has gotten so bad, Tupper is now making allegations that Heche's own son was "estranged" from his mother at the time of her death.
Anne Heche's Ex-Husband Claims She Was "Estranged" From Her Son
"Perhaps most disturbing and vile is Mr. Tupper’s allegation that Petitioner was “estranged” from his mother at the time of her death. In reality, (Homer) and his mother maintained a close and active relationship. For example, just a few days before Anne's accident, Homer and his mother were discussing his work schedule and making plans for him, his mother, and his brother to get together to play tennis and have dinner," the document reads.
As you know, Anne Heche died in a fiery crash after speeding through a Los Angeles suburb and slamming into a house. The actress's cause of death was officially ruled as being caused by thermal injuries to her lungs and blunt force trauma from the accident.
The case over her estate is ongoing, the decision is now up to a judge.