A legal battle is ensuing over Anne Heche's property.
After the actress passed away on Aug. 11 due to injuries from a car crash, her 20-year-old son Homer Laffoon filed a petition to be in control of her estate, per court documents obtained by E! News. Now, Anne's ex James Tupper is fighting for the right to be in control. (Anne welcomed Homer with ex Coleman Laffoon, while she and James share 13-year-old son Atlas Tupper.)
Homer's petition was made on the grounds that Anne did not create a will before her passing, but James has argued that Anne did in fact have a will which was emailed to him in 2011, per court documents obtained by E! News on Sept. 15.
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."
In addition to the email, James has listed various reasons for his argument to become the nominated executor, such as his belief that Homer is not fit to be in charge of the estate.
As seen in the court documents, James argued Homer is not old enough, unemployed and was estranged from Anne at the time of her passing due to dropping out of college and not finding a job.
While James has expressed dissatisfaction with Homer's relationship with Anne before her death in the court documents, he also listed complaints on Homer's behavior since the loss of his mother.
James said that Homer changed the locks on the home the day of Anne's death and has not allowed Atlas inside the property since that time, per the court documents. James added that Atlas reached out to Homer, but that the 20-year-old has not seen or communicated with his little brother.
On Homer's side, his attorney Bryan Phipps tells E! News that they are looking to leave the dispute to the courtroom.
"We prefer to see the estate administration play out in court and not in the media, as our legal documents speak for themselves," Phipps said in a statement obtained by E! News on Sept. 16. "The court appointing Homer special administrator today supports that decision."
Anne's Aug. 5 car accident left the actress in a coma. One week later, her rep confirmed that the 53-year-old was pronounced legally dead. She remained on life support as an organ donor so that matches could be made for her organs.
That same day, Homer reflected on the loss of his mother.
"After six days of almost unbelievable emotional swings, I am left with a deep, wordless sadness," Homer said in a statement to E! News on Aug. 12. "Hopefully my mom is free from pain and beginning to explore what I like to imagine as her eternal freedom."
Her cause of death was officially ruled an accident due to inhalation and thermal injuries stemming from the car crash.