Speaker: Maritess Bott
Maritess:
We have some lessons to learn. It’s certainly a sad situation. If you have not heard about it, Anne Heche was in a terrible car crash on August 5th, which resulted in her being in a coma. She was taken off life support on August 14th.
Anne Heche is survived by two kids. One is a 20-year-old son she had with a gentleman way back when, so he’s 20. His name is Homer. She also has another son named Atlas, from a relationship with a gentleman named James Tupper.
Anne didn’t have a will—no will at all—so we have to figure out what to do next. Just a few weeks ago, very recently, there was a hearing about who would take care of the minor child, Atlas. The two people involved were James Tupper, the father of Atlas, and Homer, the half-brother of Atlas, who’s 20 years old.
It turns out that James was already estranged from Anne; they had a really acrimonious breakup and divorce in 2018. It’s been a while, and allegedly there was some abuse involved. So, people felt he would not be the right guardian for this 13-year-old boy. Normally, a judge would choose the natural parent—James in this case—because a surviving parent is typically the person who becomes guardian. But the court looked at all the different circumstances, his history with Anne, and many other factors. I’m sure it wasn’t an easy decision.
Homer was represented as well. He’s an adult at 20 years old and believed that Atlas would be better off being raised by him. A couple of weeks ago, the court agreed. Homer was chosen as the guardian for Atlas and also named the temporary administrator of the estate.
What does that mean? It means he’s in charge of the money—which is huge—because there’s managing the money and raising a child, and those are related but separate responsibilities. Managing the estate is one aspect, and raising the child is another, but both are extremely important. Now Homer is responsible for getting the estate funds released, managing them properly, and caring for his younger brother.
There are several lessons to take from this situation.
When I first heard about the car crash, my heart went out to anyone who’s a mother and passes away leaving behind a minor child—or any children, for that matter. My first thought was, “I hope she had a will. I hope the right people will manage her money and take care of her sons.” But she didn’t have a will.
Lesson number one—our mantra here—is: have a will, have a trust, have something written down. That way, you can decide who gets your money when you pass away. This is a perfect example of people assuming that death is far away. She was only in her 50s—still young—and thought she didn’t need a will yet. But this tragedy shows that you never know what’s going to happen.
In this case, there was allegedly an email she wrote saying she wanted a certain person to be the administrator or in charge of everything. They tried to present that email in court, but the judge rejected it quickly because it wasn’t signed. An email without a signature does not qualify as a will. Especially in California, where probate rules are strict and expensive—much more expensive than in Illinois—it’s crucial to have formal estate planning documents in place.
Lesson number two: when you have minor children, absolutely name the guardians—the people who will take care of them. Atlas was 13 years old. That means someone needed to take care of him for at least another five years—to make sure he’s going to school, that he’s fed, clothed, and safe. Any parent knows how much work that involves. You need to make sure the person you name is the right one for that job.
This is especially true when there’s a complicated or tumultuous relationship with the other parent. Naming the right guardian in advance could prevent a lot of conflict and uncertainty later.
Lesson number three is about end-of-life decisions, which always makes me sad when I hear about them on the news. Anne’s crash was on August 5th, but she didn’t pass until August 14th. That means there were several days when her family had to make difficult decisions about her care.
In situations where the quality of life won’t return, families are left wondering what to do—whether to keep someone on life support, continue feeding tubes, or take them off machines. Those are incredibly hard choices.
The lesson is: when you’re healthy, write down your wishes. Sign them, put them in writing, and make sure your loved ones know where to find them. Talk to the people closest to you—your spouse, adult children, or, if you’re not married, a close sibling or friend—so that someone knows your wishes if something happens to you.
I’m sure Anne didn’t have anything written down, not even something informal about her preferences if she were ever in a terminal condition. It’s not a fun topic, but once it’s written down and communicated, it brings peace of mind. Your family will know they’re following your wishes instead of debating what to do.
Without that clarity, families can disagree for months—or even years—about what’s right. For example, Terri Schiavo, a woman from Florida, was kept on life support for 13 years. If you don’t want that, give the person you choose some guidance in writing so they can make the right decision.
So, to recap, here are the three lessons to learn from Anne Heche’s situation:
Have a will or a trust, or both, in place.
Name guardians for your minor children—and also for special needs or disabled adult children.
Have written instructions about end-of-life decisions, including whether you want to be kept on life support and under what circumstances.
Anne’s estate case is ongoing, and it will be interesting to see how it plays out. Because there’s no will, the law says her estate will likely go to her surviving children—Homer and Atlas—in equal shares. But even then, people can still contest things in court, so we’ll have to see if anyone challenges it.
It’s an ongoing situation, but it’s a good reminder that none of us have a crystal ball. We never know what will happen next. It’s always better to plan ahead rather than leave things uncertain—and risk outcomes that aren’t what you would have wanted.
That’s it for today. We hope you learned something from this podcast. Thank you so much for joining us. I’m Maritess Bott of Bott & Associates. If you have any questions or want to start planning, give us a call or visit our website. Have a great day.
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