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Mountain Views-News Saturday, October 1, 2022
DEER CROSSING
Happy Tails
by Chris Leclerc
And Lots of Other Reasons to
SLOW DOWN!
I’ll never forget the first time I saw a deer wandering
around on the property where I lived when I moved to
Sierra Madre 31 years ago. I had heard there were lots
of deer in the foothills, and that they often came down
into the canyons and neighborhoods while foraging
for food. But until that morning when I awoke early
and saw one nibbling away on the greens in my yard,
I had no clue as to how majestic that sight would be.
I was amazed at how peaceful they were, roaming free
among us humans as we bustled about to get out of our
houses and into our cars, then swiftly down the hill to
the freeway and eventually to work, hopefully on time!
Those deer gave me a sense of serenity. Just knowing
they were there, trusting us to show them respect
and bidding that we allow them to carry on with their
simple daily routine. It made me realize all the more,
how fortunate I was to live in this unique and special
place, and how desperately delicate is our mission for
cohabitation in these foothills.
Many years have passed since my first deer sighting in
Sierra Madre and much has changed in our town, but
one thing that has stayed the same is my looking forward
to the next time I’ll get to see those darling deer
passing through my neighborhood. I tend to keep an
eye out for them, in hopes that they will indeed come
around and I will be blessed with that majestic moment
of serenity that they have a way of bringing to
my day.
I drive on Grand View daily. Often, when I am headed
east toward Santa Anita Blvd. I’ll see a family of deer
grazing in the huge yard on the north side of the street.
I’m pretty good about complying with the 30mph rule,
even when there is an obnoxious tale-gaiter behind
me. But I slow down even more when I see deer crossing
because I know there may be a young straggler trying
to scale the fence to cross and join the others, or
perhaps one of the adults taking up the rear to ensure
that everyone else made it safely across the road.
It only takes a couple of seconds to slow down -just
in case - and for me it is always such a pleasure to see
them. This is why I am completely mystified by the
many motorists I see speeding down Grand View on
a daily basis, with the pedal to the metal as if they are
on a freaking freeway somewhere in LA rather than on
a residential street in Sierra Madre. Again, the speed
limit on Grand View is 30 miles per hour, just in case
that is not made clear enough by the signs.
One might argue that Grand View is such a wide
open road, it is tempting for even a good driver to
go over the limit because of the steep nature of the
hill and broad range of visibility. I get it, I do. But
the law is the law, and it’s simple common courtesy
to those who live on that street to go the speed limit.
I sense that there are numerous drivers in our town
who somehow feel exempt from such “petty” things
as ‘going the speed limit’ or stopping at a stop sign.
If this resonates, just let me say, you are not exempt,
so get with the program! There really are reasons why
those laws have been put into place. It’s ok if you don’t
understand. Just do it.
And then there are the tiny winding roads up in the
canyon where residents wish to enjoy a peaceful, quiet
lifestyle and they pay dearly for it. Did you know that
the speed limit on most canyon roads is 15 miles per
hour? Yep, just like the signs say…FIFTEEN, not fifty!
As a dog walker who often has no choice but to walk
along the short shoulders of those tiny canyon roads, I
know for a fact that there are far too many people who
apparently do not know the speed limit up there, or
again, perhaps they think they are exempt.
I just wish folks would acknowledge the speed limit in
the canyon, even if 15 mph seems ridiculous. And if
there happens to be a pedestrian walking on the road
where there is no sidewalk, you might have to slow
down enough to allow them to get to a place where
they can get off the road onto someone’s driveway or
yard to allow you to pass by. Don’t threaten them by
revving your motor or pressing in so close they feel
forced to climb a boulder or a tree to get out of your
way. Basic common sense, right? One would think.
Then there are those who, in lieu of showing the courtesy
of slowing down and allowing the pedestrian
enough time to get off the road, choose to speed up
even more and zoom around them with a scowl as if
that person intentionally set out to conspire against
their morning commute. Anyone who is in that much
of a hurry might consider leaving the house earlier.
Just a thought.
The other day I had to laugh when a “friend” asked me,
“Why do people need to walk their dogs on the streets
in the canyon?” There once was a time when I could
have had a field day with that one and left him feeling
like a real moron, but I just smiled on the outside and
laughed real hard on the inside before backing away
slowly and leaving him apparently still waiting for an
answer. No, it wasn’t a rhetorical question, and no, he
wasn’t kidding! I had to laugh.
Now I realize this little rant doesn’t quite qualify as a
“Happy Tail”, but I do hope it may have brought on a
little giggle or smile to lighten the day for those who
‘get it‘. Most importantly, though, I hope the message
hits home with at least one reader who is ready to admit
he or she needs to slow their roll. Peace and tranquility…
if I remember correctly, these were top on the
list of reasons why most of us moved here. Show some
respect. Love and let live.
FAMILY MATTERS
By Marc Garlett
ANNE HECHE DIES WITH CONFLICT AROUND HER
WILL, LEAVING HER SONS & ESTATE IN LEGAL LIMBO
Actress Anne Heche died this August
following a tragic car accident in which
she plowed her vehicle into a West Los Angeles home, where it
burst into flames. After being pulled from the wreckage, the Emmy
Award-winning actress was hospitalized in critical condition, suffering
from severe burns and smoke inhalation.
The fiery accident left Heche brain dead and comatose, but she was
kept on life support for seven days in order to identify a suitable recipient
for her organs, which was in line with the actress’ wishes, according
to a statement from her publicist. After a successful match
with organ donors, Heche was removed from life support on August
14th, and she died shortly thereafter. She was 53 years old.
Heche is survived by two young sons. Her eldest, Homer Heche
Laffoon, is 20 years old, and is from her marriage with ex-husband
Coleman Laffoon. Her youngest son, Atlas Heche Tupper, is 13, and
his father is Canadian actor James Tupper, with whom Heche had
a 10-year relationship following her divorce from Laffoon. Heche is
also survived by her mother, Nancy Heche.
According to a court petition filed by her eldest son Homer on August
31st, Heche died without a will, and Homer requested that he
be named executor of his late mother’s estate. However, on September
15th, Heche’s ex-boyfriend James Tupper filed a probate petition
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every Sunday
objecting to Homer’s bid, claiming that Heche e-mailed him a copy
of her will in 2011, leaving him (Tupper) in charge of her estate.
In a report by Rolling Stone, Tupper says Heche nominated him to
handle her affairs, allegedly stating in her e-mail, “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.”
Tupper requested that the court honor Heche’s final wishes and
deny Homer’s petition, which he alleges incorrectly claimed she
died intestate, the legal term for when someone dies without a will.
In Tupper’s petition, he questioned both Homer’s ability to carry
out the executor role and his motives, noting that “Homer is only 20
years of age and is unemployed, and was estranged from [Heche] at
the time of her death.”
While we can't know for certain whether or not Anne Heche had
a will or if the will Tupper describes is valid, given that there is so
much confusion surrounding her will, the late actress most likely
didn’t have any trusts set up either. Her failure to plan is likely to
create a number of major problems for her two sons and other surviving
loved ones.
I’ll follow this case as it unfolds to document Heche’s estate planning
mistakes and how those errors will likely impact her family
and assets. I’ll do this so you can learn from this tragic situation
and identify the steps you can take to make certain your loved ones
never need to endure a similar
situation.
PROBATE: A NEEDLESS
ORDEAL & EXPENSE. If you
die without a will, or with uncertainty
around your will, as
Heche did—and even if your
estate plan includes a will
alone—you are guaranteeing
your family will have to
deal with the court process of
probate upon your death or
incapacity. Like all court proceedings,
probate can be long,
costly, and traumatic for your
surviving loved ones.
Until Heche’s estate completes
the probate process, her assets
will be mostly inaccessible to
her heirs. As a result, her sons,
Homer and Atlas, could be
left without financial support
from their late mother for a
significant amount of time.
It will likely take many months
just to locate all of Heche’s assets,
and it’s quite possible
some of those assets will get
overlooked—and may never
be found. All told, there is
approximately $58 billion in
unclaimed property across
the United States, and this is
exactly how a great deal of it
ends up lost.
To ensure all her assets are
located and accounted for,
Heche could have created
(and maintained) an inventory
of her assets -- or a lawyer
could have done this for her.
Such an inventory not only
makes creating your estate
plan much easier, but most
importantly, it allows your
loved ones to know what you
have, where it is, and how to
access it if something happens to you.
A LONG, EXPENSIVE, & PUBLIC PROCESS. What we know so
far is that Heche didn’t seem to have a lawyer who created an inventory
of her assets, or to make sure her surviving family would stay
out of court, or even out of conflict. As a result, her estate is likely to
be stuck in probate for at least a year. And that assumes everything
goes smoothly and there are no serious conflicts or disputes among
Heche’s potential heirs or creditors, which is common following
celebrity death—and as we are already seeing between Homer and
Tupper.
In fact, with his surviving heirs and creditors fighting over the rights
to his vast fortune, it took more than six years for Prince’s estate to
be settled.
The unnecessarily lengthy time frame is just one of the drawbacks
to probate—the unnecessary expense of a probate is a whole other
issue. Before Homer and Atlas can inherit a dime, a veritable army
of other people and entities—attorneys, a personal representative, a
publisher, a probate referee, appraisers, accountants, various advisors,
creditors, and possibly, the IRS—must all be paid, and this is
likely to seriously deplete Heche’s estate.
Probate costs in California average 5% or more of the total value of
the estate, leaving an estimated cost to her family of approximately
$200,000 or more. Most of these fees could have been avoided with
a properly established estate plan—and with a lawyer to guide her
and her family throughout her life and beyond.
Last, and perhaps worst, probate is open to the public, so all of
Heche’s dirty laundry will be fodder for the tabloids, as it already
has been for so much of her life. Given the actress' past history with
mental illness and her contentious relationships with her mother,
ex-husband, and Ellen DeGeneres, the tabloids are likely to dig up
plenty of dirt.
Fortunately, there’s a simple solution to ensuring your surviving
loved ones will avoid the cost, time delay, and public nature of probate
upon your eventual death or potential incapacity, and this solution
is available not only to rich celebrities, but to regular folks, as
well.
With a well-counseled and drafted estate plan, likely including a living
trust in addition to a will (and a trusted advisor to support it all),
Homer and Atlas would have been able to access their late mother’s
assets without the need for any court intervention whatsoever, if
that’s what Heche would have wanted.
Alternatively, Heche could have made it clear that she wanted
Tupper controlling her affairs, and her lawyer could have confirmed
that without dispute. Finally, if a trust is properly created and maintained,
it will remain private, and the transfer of assets to your heirs
can happen within the privacy of a law office, not a courtroom, and
on your family’s timeline.
This would have prevented the tabloids and other potential bad actors
from getting access to the details of Heche’s assets, her beneficiaries,
and family conflicts, all of which will now be readily available
for public consumption.
Don’t let your loved ones be left with a mess like Anne Heche’s family
is dealing with now. Engage an experienced attorney to work
with you to put in place the right combination of estate planning
solutions to fit with your asset profile, family dynamics, budget, as
well as your overall goals and desires.
Best,
Marc Garlett, Esq.
Cali Law Family Legacy
Matters
www.caliLaw.com
626.355.4000
Mountain Views News 80 W Sierra Madre Blvd. No. 327 Sierra Madre, Ca. 91024 Office: 626.355.2737 Fax: 626.609.3285
Email: editor@mtnviewsnews.com Website: www.mtnviewsnews.com
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