Anne Heche estate battle begins as ex James Tupper claims he was left in charge, not her ‘estranged’ 20-year-old son

In the wake of the Six Days Seven Nights actress’ Aug. 11 death, her familyis sorting out everything that she left behind, and there’s already a heateddispute over who should be in charge and get what.

Heche left behind two sons from two relationships — her 20-year-old son HomerLaffoon, with ex-husband Coley Laffoon, and 13-year-old Atlas Tupper, from herrelationship with her Men in Trees co-star James Tupper. While Homerrequested to serve as special administrator of Heche’s estate late last month,with it noted Heche didn’t have a will, James, on behalf of his minor sonAtlas, is now contesting Homer’s appointment.

WEST HOLLYWOOD, CALIFORNIA - NOVEMBER 19: Anne Heche and Homer Laffoonattend the celebration launch of Christian Siriano's new book 'Dresses toDream About' at The London West Hollywood at Beverly Hills on November 19,2021 in West Hollywood, California.  (Photo by Rachel Murray/Getty Images forChristianSiriano)

Anne Heche with son Homer Laffoon on Nov. 19, 2021. Laffoon, now 20, is fromHeche and Coley Laffoon’s marriage, which lasted from 2001 to 2007. (Photo:Rachel Murray/Getty Images for Christian Siriano)

Yahoo Entertainment has obtained the court document filed by James on Thursdayobjecting to Homer as special administrator. In it, James claims Heche senthim a will on Jan. 25, 2011, when they were still a couple, and asked him tooversee her estate “in case I die tomorrow.” He also outlines numerous reasonswhy he feels Homer is not equipped for the job, including that he lacksexpertise, is unemployed and was estranged from Heche when she died.

In the filing is an email James said was sent from Heche’s email to himself aswell as entertainment attorney Kevin Yorn and his executive assistant. It hadthe subject “Will” and in it she asked it to serve as her word until finalpapers were drawn up. She requested should she die, her assets go to Jameswith the intent for him to raise the boys on her behalf, dividing her assetsamong them equally. She noted each get control of their portion of the moneyat age 25, and at that time could sell her real estate and split the money.(Heche seemingly never filed an actual will. She and Tupper split in 2018after 10 years, but continued to share a home for the next year along with thetwo boys.)

(Screenshot: LAcourtdocuments)(Screenshot:LAcourtdocuments)

A copy of Heche’s email was in the court documents. (Screenshot: LAcourtdocuments)

In the filing, James’s lawyer says that James should have “priority ofappointment as administrator” because Heche “makes her intent clear by writingthat, ‘My wishes are that all of my assets go to the control of Mr. JamesTupper to be used to raise my children and then given to the children.'”

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James’s legal team argues there’s “no urgent need to appoint a specialadministrator at this time” in the first place as Homer’s filing was trying tospeed up the process. Instead, they should wait for the appointment of anexecutor or administrator under a general probate petition. He then outlines,bluntly, why he claims Homer is “not suitable for appointment as personalrepresentative of this estate,” a job he says should go to someone with”experience and sophistication.”

BEVERLY HILLS, CA - JANUARY 14: (LR) Actress Anne Heche, Homer Laffoon,and James Tupper attend the HBO Luxury Lounge Featuring L'Oreal Paris And NewEra Cap - Day 1 at Four Seasons Hotel Los Angeles on January 14, 2012 inBeverly Hills, California.  (Photo by MichaelKovac/WireImage)BEVERLY HILLS,CA - JANUARY 14: (LR) Actress Anne Heche, Homer Laffoon, and James Tupperattend the HBO Luxury Lounge Featuring L'Oreal Paris And New Era Cap - Day 1at Four Seasons Hotel Los Angeles on January 14, 2012 in Beverly Hills,California.  (Photo by MichaelKovac/WireImage)

Anne Heche with son Homer Laffoon and then-partner James Tupper in 2012. Sheand Tupper, who went on to have their own son, Atlas, split in 2018. (Photo:Michael Kovac/WireImage)

“He is only 20 years of age and is unemployed, and was estranged from [Heche]at the time of her death due to his dropping out of university studies and notworking to support himself,” James’s filing states.

James goes on to claim that Homer changed the locks on Heche’s apartment,where Atlas resided with his mother, and “refused entry” to his half-brother.He says Homer “has not responded to Atlas’s request for his clothing andcomputer” at Heche’s home. He also questions Homer listing Heche’s residenceas “vacant” in his court filing, saying it was “concerning” because theactress’s home “was full of her furnishings, jewelry, valuables, files andrecords, and their removal was in no way authorized by this Court of the law.”

James Tupper says Heche's 20-year-old son Homer isJames Tuppersays Heche's 20-year-old son Homer is

James Tupper says Heche’s 20-year-old son Homer is “not suitable” to head herestate because, “He is only 20 years of age and is unemployed, and wasestranged from” Heche when she died. (Screenshot: LA Courts)

He also says Homer agreed to go to grief counseling with Atlas but was a no-show. He also says Homer was a no-show at a scheduled dinner with Atlaswaiting around for 1.5 hours.

“This is particularly upsetting given that Atlas is 13 years old, was with hismother on the day of her death, and he has reached out to Homer repeatedly,”the filing states. “In fact, since their mother’s death, Homer has not seenhis brother, nor had contact with him.” As a result, James is concerned Homer”will not act in his brother’s best interest.”

James also denies Homer’s court claim that James sent him “negativecommunications.” He says, “Both [James] and Atlas have only communicatedmessages of support and love and grieving to Homer. At this time they boththink the presence of an older brother would be an enormously helpfulrelationship for both Atlas and Homer.”

LOS ANGELES, CA - DECEMBER 11: (LR) Actress Anne Heche, son Atlas, and sonHomer attend Disney On Ice Presents Let's Celebrate!  Presented By StonyfieldYoKids Organic Yogurt Celebrity Premiere &  Skating Party at Staples Center onDecember 11, 2014 in Los Angeles, California.  (Photo by Ari Perilstein/GettyImages for FeldEntertainment)LOS ANGELES, CA- DECEMBER 11: (LR) Actress Anne Heche, son Atlas, and son Homer attendDisney On Ice Presents Let's Celebrate!  Presented By Stonyfield YoKidsOrganic Yogurt Celebrity Premiere &  Skating Party at Staples Center onDecember 11, 2014 in Los Angeles, California.  (Photo by Ari Perilstein/GettyImages for FeldEntertainment)

Anne Heche with both of her sons — Atlas Tupper and Homer Laffoon — in 2014.(Photo: Ari Perilstein/Getty Images for Feld Entertainment)

Earlier this month it was reported Homer requested control of the estatebecause Heche died without a will and she has pending projects, including thepublication of her book, call me Anne, next year. Homer’s attorney clarifiedat the time that Homer was in the process of “having a third party appointed’guardian ad litm’ for his younger brother, Atlas, to represent Atlas’sinterests in the probate proceedings.”

Homer also spoke out on behalf of himself and his sibling after Heche, who wasbrain dead, was taken off life support.

“My brother Atlas and I lost our Mom,” he said in a statement. “After six daysof almost unbelievable emotional swings, I am left with a deep, wordlesssadness. Hopefully my mom is free from pain and beginning to explore what Ilike to imagine as her eternal freedom. Over those six days, thousands offriends, family, and fans made their hearts known to me. I am grateful fortheir love, as I am for the support of my Dad, Coley, and my stepmom Alexi whocontinue to be my rock during this time. love you, Homer.”

Caution tape is seen at the site where US actress Anne Heche crashed into atwo-story home in Mar Vista, California on August 8, 2022. - US actress AnneHeche has been hospitalized in critical condition after crashing her car intoa Los Angeles home , US media reported on August 5, 2022. The 53-year-oldactress initially crashed into an apartment building garage before drivingoff, according to images collected by TMZ.  (Photo by Chris Delmas / AFP)(Photo by CHRIS DELMAS/AFP via GettyImages)Caution tape isseen at the site where US actress Anne Heche crashed into a two-story home inMar Vista, California on August 8, 2022. - US actress Anne Heche has beenhospitalized in critical condition after crashing her car into a Los Angeleshome , US media reported on August 5, 2022. The 53-year-old actress initiallycrashed into an apartment building garage before driving off, according toimages collected by TMZ.  (Photo by Chris Delmas / AFP) (Photo by CHRISDELMAS/AFP via GettyImages)

Caution tape is seen at the site where actress Anne Heche crashed into a two-story home in Mar Vista, Calif. (Photo: Chris Delmas / AFP)

On Aug. 5, Heche crashed her car into a house in the Mar Vista neighborhood ofLos Angeles — a fire erupted and she was critically injured. Blood testsshowed the 53-year-old had narcotics in her system. Six days later, she wasremoved from life support after being declared brain dead. She died ofinhalation, thermal injuries and a sternal fracture due to blunt trauma,according to the medical examiner’s official report.

After Heche’s most famous relationship — with Ellen DeGeneres — ended in 2000,she started dating Laffoon, a cameraman she met making a documentary aboutDeGeneres. They married in 2001, had Homer in 2002, and split in 2007. Hechewent on to embark on a romance with her co-star James. They had Atlas in 2009and remained together until 2018, sharing a home for a year after their splitwith her sons.