According to court documents obtained by RadarOnline.com, James demanded Homer, 20, plea to “expand his authority” over his late mother’s estate be denied.
As we previously reported, James and Homer are in a nasty battle for control over Anne’s estate — which includes around $400k in assets and another $400k expected to be collected within the next year.
James is not only an ex of Anne but the father of her youngest son Atlas, 13.
Atlas and Homer are the only two beneficiaries. Homer filed court documents to become the estate administrator after his mother was taken off life support on August 11.
Homer said his mother died without a will. James said his ex had emailed him a copy of a will in 2011 during their relationship.
The email read, “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-Tipper, and their portion given to each when they are the age of 25.”
Homer argued the email wasn’t valid because his mother did not sign it. He also said the actress had a tendency to send similar emails in times of distress.
The judge presiding over the case recently told James he is likely to side with Homer. This week, Homer went back to court asking for more authority.
In his petition, he said he needed access to his late mom’s property and for permission to “take possession of money or other property of the estate.”
He said his mom had items in her apartment that “needs to be moved out of the apartment as soon as possible in order to avoid additional fees, costs and possible loss to the estate.”
In addition, Homer said he, “is aware of numerous checks made payable to [Heche] that need to be negotiated, endorsed and deposited into a bank account in the name of the estate in a timely manner so that the checks are not voided.”
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He told the court he needed to “take possession of all of the real and personal property” of Anne’s estate.
Further, he said the authority would allow him to “collect all claims, rents and other income belonging to the estate;” “commence and maintain or defend suits and other legal proceedings;” and “request and receive copies of [the estate’s] financial records.”
He asked the court for permission to “manage, perform and enforce the rights and interests” pertaining to Heche’s forthcoming book, Call Me Anne.
Homer asked for a bond of $800k.
Now, James said that Homer without any prior discussion or meet with James as Atlas’ custodial parent, “has unsurprisingly and wastefully brought two additional matters before this Court without justification. [Homer’s] over-litigious approach to administering the estate is wasteful and harmful as it unnecessarily increases potential attorneys' fees and costs that the subject estate may be responsible for. “
James said Atlas has no issue with Homer taking Heche’s personal property out of her former apartment and into a storage facility, as long as reasonable precautions are in place.” He wants an inventory list with pictures of all the property, as well as information on the storage location and ongoing cost of such storage.
James accused Homer of acting in a “hostile manner towards Atlas and has refused to communicate with him or his representatives at all.”
“Further, ATLAS has no confidence in [Homer’s] ability to meet his fiduciary obligations to ATLAS,” the motion read.
James accused Homer of breaking several promises to Atlas in regards to inventorying such assets. “To date, neither ATLAS nor parent JAMES have received an inventory,” the filing read.
He also objects to Homer collecting money for his late mother. "JAMES and ALTAS have personal knowledge of Decedent's financial affairs. In particular, they are aware that Decedent owned no real property at the time of her passing. It makes no sense under the circumstances to grant, let alone on an ex parte basis, the general power to collect "rents" and th vaguely worded "claims" requested by LAFFOON, who (again) has provided no detail on what incoming "claims", "rents" or income he is aware of that justifies expansion of powers."
A judge has yet to rule.