Anne Heche's ex James Tupper wants to be named guardian of their son Atlas.
Anne Heche and James Tupper had son Atlas together
The late 'Donnie Brasco' star's partner James, 57, has been locked in a dispute with her and ex-husband Coleman Laffoon's son Homer Laffoon, 20, over her estate following her death in a car crash in August.
Now, Us Weekly reports that Tupper has filed a new petition in an attempt to stop Homer from becoming Atlas' guardian.
According to court documents, on Monday (03.10.22) he is said to have requested to be named guardian ad litem of his and Anne's 13-year-old boy Atlas.
If the petition is granted, it would mean actor Tupper would get control of his child's portion of Anne's estate until he turns 18.
In the documents, Tupper argued: "As a minor, Atlas has no ability to hire legal representation to represent his interests in these proceedings."
Meanwhile, Homer recently filed a nine-page supplement to his previous petition to assume control of his mother's estate.
In the documents, he alleged a 2011 document which James claimed to be a will naming him as administrator of Anne's estate is not valid because the signature doesn't belong to the actress and wasn't observed by two witnesses, as are a legal requirement.
Documents obtained by PEOPLE magazine state: "Mr. Tupper repeatedly refers to the email attached to the Objection as a 'will.' However — as a matter of law — the email does not qualify as either a holographic will or formal witnessed will.
"The email fails to satisfy the legal requirements for a valid holographic will because the material provisions of the purported will are not in the handwriting of the Decedent.
"A will is valid as a holographic will, whether or not it is witnessed, if the signature and the material provisions are in the handwriting of the testator.
"The email presented to the Court as Decedent's 'will' by Mr. Tupper fails to meet the requirements for a valid holographic will because the signature and material provisions are not in the handwriting of the Decedent. "The email fails to satisfy the legal requirements for a valid formal witnessed will because the email was not signed by the Decedent and does not have two witnesses who signed the document during the lifetime of the Decedent."
The paperwork goes on to insist that without a valid will, "there can be no nomination of an executor" or an executor selected, in general.
This role is important as the executor "is appointed to administer an estate pursuant to a valid will".
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