Legal battle over Anne Heche's estate rages on between her son and ex

EXCLUSIVE: Anne Heche’s son Homer says mom’s ex James Tupper is launching ‘unfounded personal attacks’ on him and claims 2011 email naming him executor is NOT a valid will as legal battle over her estate rages on

  • Anne Heche’s eldest son Homer Laffoon, 20, is in a legal battle with her ex James Tupper to be in charge of the late star’s estate 
  • DailyMail.com revealed an email Heche sent to Tupper in 2011 naming him executor of her estate. Tupper included the email in his legal filing 
  • ‘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,’ the email states
  • Laffoon is now fighting back in a new filing obtained by DailyMail.com, claiming that the email is not a legally recognized will
  • ‘The email was not signed by [Heche] and does not have two witnesses who signed the document during [her] lifetime,’ Laffoon claims 

Anne Heche’s son is arguing that the 2011 email his mother sent to ex James Tupper naming him executor of her estate is not a valid will. 

Earlier this month, DailyMail.com revealed a prescient email Heche sent to Tupper in 2011 naming him executor of her estate. The email was included in Tupper’s legal filing as he battles Heche’s son Homer Laffoon, 20, for control of her estate.

‘FYI in case I die tomorrow and anyone asks,’ Heche’s cut and dry email begins. ‘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.’

But Laffoon is now fighting back in a new filing obtained by DailyMail.com, claiming that the email is not a legally recognized will because Heche did not sign the document.

‘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 formal witnessed will,’ Laffoon’s filing states. 

‘The email was not signed by [Heche] and does not have two witnesses who signed the document during [her] lifetime.’

Anne Heche’s eldest son Homer Laffoon (right) is arguing that the 2011 email his mother sent to ex James Tupper naming him executor of her estate is not a valid will. Heche’s younger son Atlas is pictured left 

Earlier this month, DailyMail.com revealed a prescient email Heche sent to Tupper in 2011 naming him executor of her estate. Heche and Tupper pictured in 2010

Homer is now fighting back in a new filing obtained by DailyMail.com, claiming that the email is not a legally recognized will

Laffoon filed a petition to be in charge of his mother’s estate and that he and his half-brother, 13-year-old Atlas Heche Tupper (whose father is James Tupper), be listed as her sole heirs.

Laffoon says his mother, who tragically died last month, failed to leave behind a will. 

‘Without a will, there can be no nomination of an executor,’ Laffoon states, adding that he is ‘legally entitled to appointment as administrator.’

However, Tupper, 57, claims that Heche’s email from January 25, 2011 makes it clear that all assets be controlled by him. 

Tupper claims in his filing that Laffoon ‘is not suitable’ to run the estate because he is too young, unemployed and was estranged from his mother at the time of her death.

The actor goes on to accuse Laffoon – who is the son of real estate broker Coleman Laffoon – of changing the locks on the apartment Heche shared with Atlas, allegedly preventing the younger brother from getting his belongings. 

Tupper has said that the two half-brothers have not had any contact since the day Heche died. 

In the new filing, Laffoon calls Tupper’s claims ‘unfounded personal attacks’ and ‘frivolous legal claims.’

Tupper claims the 2011 email proves that he should be in charge of the estate. ‘FYI in case I die tomorrow and anyone asks,’ Heche’s email begins. ‘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’

‘Without a will, there can be no nomination of an executor,’ Laffoon’s new filing states, adding that he is ‘legally entitled to appointment as administrator’ 

The email from Heche has the subject line ‘WILL’ and is addressed to Tupper and copied to attorneys Kevin Yorn and Melodie Moore. 

Anne Heche’s emailed ‘will’ names James Tupper as executor 

Kevin and Mel, 

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. They will be divided equally among our children, currently Homer Heche Laffoon and Atlas Heche Tupper, and their portion given to each when they are the age of 25. When the last child turns 25 any house or other properties owned may be sold and the money divided equally among our children. 

If all of my family, James Howard Tupper, Atlas Heche Tupper and Homer Heche Laffoon die together my assets will go to Eliot Bergman, my nephew, to be divided among my nieces and nephews equally. 

Thanks so much. May this go into my records as my word until further papers are drawn up. Thanks so much, 

 Anne Heche

‘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.’

It says that her assets will be divided equally among her two sons and that their portions are given to them at 25 years old. 

In the event that her two sons and Tupper all pass, Heche turned her assets over to her nephew Eliot Bergman, to be divided equally among her nieces and nephews. 

‘May this go into my records as my word until further papers are drawn up,’ Heche ends the email. 

It appears no further paperwork was ever filed. 

Heche’s eldest son claims Tupper is manipulating him and his half-brother to seize control of their mother’s will.

Laffoon has hit back against Tupper, claiming the actor is keeping him away from Atlas by controlling the 13-year-old’s phone. 

Laffoon’s attorneys told TMZ that they are confident the oldest son will be the winner in court after it appointed him temporarily in charge of the estate.

In his original petition to the court, Laffoon says that it is unclear how much money or property Heche, 53, had to her name before she died. 

In the filing, Laffoon lists his mother’s personal property and her annual income as ‘unknown.’

He is also asking the court to be named as the legal guardian of his brother.

The court will have to dig into Heche’s finances to determine the value of her estate and what properties she owned.

In 2021, it was reported that she was selling her Los Angeles Silver Lake Cottage for around $2million with co-star and ex-partner Thomas Jane.

It was also previously reported that she owned another home in the Hancock Park-Wilshire area of Los Angeles – a mansion priced at around $4million.

A photo before the August 5 crash shows Heche at the wheel with a bottle in the cup holder

Heche died from injuries sustained in a fireball car crash last month in Los Angeles 

Heche died after an August 5 crash in Los Angeles. The actress slammed her Mini Cooper into a house, causing an explosion.

Blood tests showed that the actress had cocaine and fentanyl in her system when the high-speed crash occurred, but officials confirmed that she had not been drinking alcohol – despite being pictured with a vodka bottle in her cupholder. 

She was left badly burned and in a coma. 

Heche’s life support machine was turned off on August 14, and she was cremated on August 18.

A coroner ruled on August 17 that Heche died from inhalation injury and burns, and the death was ruled an accident.

The mother-of-two also had a fractured sternum caused by ‘blunt trauma,’ according to information on the website of the Los Angeles County Medical Examiner-Coroner.

The Emmy-winning film and television actor was removed from life support at a burn center.

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