James Tupper tries to ensure that Anne Heche’s eldest son does not become the legal guardian of his younger half-brother in relation to the family’s ongoing probate proceedings.
According to court documents obtained by Vidak For Congress, Tupper on Monday filed a petition to become the guardian ad litem for his 13-year-old son, Atlas Tupper, whom he shared with the late actress.
A guardian ad litem is appointed by the court to supervise someone during a case. In this case, James doesn’t want Heche’s 20-year-old son, Homer Laffoon – who she shared with ex-husband Coleman Laffoon – to be in control of Atlas’ part of her estate.
“As a minor, Atlas has no legal representation to represent his interests in this proceeding,” James argued in the paperwork, stating that the two are currently living together.
The Academy Award-winning actress says she sees no resemblance…
James further noted that he is Atlas’ “father and only living parent”, adding that he “loves both Homer and Atlas as a father and wants the best for both of them.”
Last month, Homer filed a petition to be named executor of Heche’s estate. He requested that he and Atlas be listed as their mother’s sole heirs and asked the court to appoint him as Atlas’ guardian.
James argued in Monday’s paperwork, “In order to maintain family harmony and a healthy, brotherly relationship between Atlas and Homer, and given the complexity that this estate is expected to involve … a bonded, neutral, private professional fiduciary would be a more be an appropriate administrator.”
James previously filed his own petition in response to Homer’s, claiming that Heche sent him an email in January 2011 that read, “FYI in case I die tomorrow and everyone asks. My wish is that all my possessions go to Mr. James Tupper to be used to raise my children and then give to the children.”
But Homer fired back, claiming the email “does not meet the legal requirements for a valid formal witness will” because it “wasn’t signed by [Heche] and has no two witnesses who signed the document during [her] lifetime.”
Heche died on August 12 following a car accident on August 5 that left her in a coma with severe burns and critical injuries.