The death of Anne Heche shocked and reminded us of how quickly life can change. While driving through the Mar Vista neighborhood of LA on August 5, 2022, Heche died in a car crash. Officials ruled that burns and smoke caused her death.
Celebrity Estates
As the media reflects on her legacy as an actress and celebrity, Heche’s situation offers tough lessons about the need for estate planning. The absence of a will troubles surviving family members. This often undermines the privacy that public figures try to maintain. The court presented an email purporting to appoint her ex (James Tupper) as the administrator of her estate. It divided everything equally among her two children until they turn 25.
However, some believe that this document fails to meet the standards of a valid will in California. Because the email does not appear in Heche’s handwriting. In fact, it lacks her signature as well as witnesses. Rather than distributing Heche’s estate according to her final wishes, distribution falls to state law and a public probate court proceeding.
The Anne Heche Legacy
From an estate planning perspective, the death of Anne Heche highlights questions that arise when somebody dies without a will. Heche is hardly alone in this regard. About two-thirds of Americans fail to establish an estate plan of any kind. Nevertheless, every adult should have a basic estate plan, regardless of their net worth. But in general, the more money and property a person has, the more they risk by failing to create an estate plan. As such, the court distributes their money and property in a way they may never have intended.
The Estate of Anne Heche Sans Will
In California, where Heche lived, probate records are public. This means that members of the public will access personal information. With careful estate planning, trusts and gifting can minimize the need for probate. Because Heche died without a will — AKA dying “intestate,” her estate must go through probate. In addition, the estate is subject to California intestacy laws.
How the Anne Heche Estate will Settle
- Heche died without a surviving spouse or domestic partner. Therefore, her children will inherit everything, divided equally.
- Normally, somebody in the will specifies an administrator (a person who oversees settling of the estate). California intestate law specifies that, absent a surviving spouse or domestic partner, children are next in line to serve as administrator, or executor. In fact, Heche’s son Homer has already petitioned the court to assume control of his mother’s estate in this role. If appointed administrator, he will represent the estate of Anne Heche in California probate court.
- Another issue the court must settle is the fact that Atlas Tupper is a minor. And as such, requires representation (a guardian ad litem) during probate. In California, the court may appoint guardian ad litem. It could also name Homer as the guardian to his little brother, which Homer has requested in court filings. Atlas will also need somebody to manage his share of the inherited estate until he is legally an adult (eighteen years old). Again, this appointment could come from the court in the form of a court appointed conservator.
Take Control of Your Legacy—Talk to an Estate Planning Attorney
Nobody plans to die unexpectedly. If you die without a will, though, you cede control of your estate to impersonal government forces. These may not have your best interests, or those of your heirs, in mind. Estate planning takes charge of your legacy and ensures that your money and property end up where you want. Your plan can be as general or as specific as you want, but even the most basic estate plan is better than no plan. To start planning today, reach out to our office and schedule a meeting with an estate planning lawyer.
About Skvarna Law Firm in Glendora and Upland, California
Let a skilled attorney assist with your estate plan. Contact us today to learn about your options (909) 608-7671. We operate offices in Glendora and Upland, California. We provide legal services for individuals living in San Bernardino, Los Angeles, Orange, and Riverside Counties. This includes the cities of Upland, Ontario, Rancho Cucamonga, Fontana, Colton, Rialto, Chino, Chino Hills, Glendora, Claremont, Montclair, Pomona, La Verne, San Dimas, Azusa, Covina, West Covina, Diamond Bar, Walnut, La Puente, Corona, Norco & Mira Loma. Visit SkvarnaLaw.com to learn more.
