Anne Heche's ex James Tupper files to become legal guardian of his son

EXCLUSIVE: Anne Heche’s ex James Tupper files to become legal guardian of their 13-year-old son Atlas and will formally OBJECT to stepson Homer’s petition to control his mother’s estate, as battle over actress’s assets escalates

• James Tupper has filed to be named the legal guardian of his son with Anne Heche, Atlas Heche Tupper, 13
• DailyMail.com obtained the legal filing which reveals Tupper will object to his stepson Homer Laffoon’s petition to take control of Heche’s estate 
• Laffoon has also asked the court to be named as the legal guardian of his step brother Atlas
• ‘James Tupper is Atlas’ father and only living parent. James loves both Homer and Atlas as a father wants the best for them both,’ the filing states 
• The first hearing is set for October 11 
• It is still unknown what assets Heche had when she tragically died in August 

Anne Heche’s ex James Tupper has petitioned to be named the legal guardian of his 13-year-old son with the actress, as he continues to battle with his stepson over her estate. 

DailyMail.com obtained court documents filed by Tupper, 57, seeking to become the legal guardian of his son Atlas Heche Tupper after Heche’s older son Homer Laffoon, 20, filed a petition to be placed in charge of his mother’s estate. 

Laffoon also asked the court that he be named as the legal guardian of his step brother following Heche’s death.

‘James Tupper is Atlas’ father and only living parent. James loves both Homer and Atlas as a father and wants the best for them both,’ the filing, obtained by DailyMail.com, states. 

‘In order to preserve family harmony and a healthy, brotherly relationship between Atlas and Homer, and given the complexity this estate will foreseeably involve … a bonded, neutral, private professional fiduciary would be a more appropriate administrator.’

The first hearing is set for next Tuesday October 11. It is still unknown what assets Heche had when she died in August after a fiery car smash.

James Tupper has filed to be named the legal guardian of his son with Anne Heche, Atlas Heche Tupper, 13

DailyMail.com obtained court documents filed by Tupper seeking to become the legal guardian for his son Atlas Heche Tupper (left) after Heche’s eldest son Homer Laffoon, 20, (right) filed a petition to be in charge of his mother’s estate 

‘James Tupper is Atlas’ father and only living parent. James loves both Homer and Atlas as a father wants the best for them both,’ the filing states. The blended family-of-four are pictured in 2012

Tupper revealed in the filing that he will object to Laffoon’s petition to take charge of Heche’s estate, and instead would select his own independent administrator. 

Homer was appointed as a ‘temporary administrator’ in September to manage the publication of Heche’s upcoming book Call Me Anne. 

Tupper claims that Laffoon ‘is not suitable’ to run the estate because he is too young, unemployed and was estranged from his mother at the time of her death.

The actor goes on to accuse Laffoon – who is the son of real estate broker Coleman Laffoon – of changing the locks on the apartment Heche shared with Atlas, allegedly preventing the younger brother from retrieving his belongings. 

Tupper has said that the two half-brothers have not had any contact since the day Heche died. 

Laffoon called Tupper’s claims ‘unfounded personal attacks’ and ‘frivolous legal claims.’ 

He went on to say Tupper is manipulating him and his half-brother to seize control of their mother’s estate. Laffoon also claimed Tupper is keeping him away from Atlas by controlling the 13-year-old’s phone.

Laffoon’s attorneys told TMZ that they are confident the older son will be the winner in court after it appointed him temporarily in charge of the estate. 

Laffoon ‘is not suitable’ to run the estate because he is too young, unemployed and was estranged from his mother at the time of her death, Tupper’s filing states

Tupper’s filing states, ‘In order to preserve family harmony and a healthy, brotherly relationship between Atlas and Homer, and given the complexity this estate will foreseeably involve … a bonded, neutral, private professional fiduciary would be a more appropriate administrator’

Tupper revealed in the filing that he will object to Laffoon’s petition to be in charge of Heche’s estate, and will select his own independent administrator to be in charge

Last month, DailyMail.com revealed an email sent to Tupper in 2011 naming him executor of her estate. The email was included in Tupper’s legal filing as he battles Homer, 20, for control of her estate.

But Laffoon fought back in a filing last week, claiming that the email is not a legally recognized will because Heche did not sign the document.

‘Mr. Tupper repeatedly refers to the email as a ”will” however – as a matter of law – the email does not qualify as either a holographic will or formal witnessed will,’ Laffoon’s filing states. 

‘The email was not signed by [Heche] and does not have two witnesses who signed the document during [her] lifetime.’

Laffoon says his mother failed to leave behind a will when she tragically died. 

‘Without a will, there can be no nomination of an executor,’ Laffoon stated, adding that he is ‘legally entitled to appointment as administrator.’

However, Tupper claims that Heche’s email from January 25, 2011 makes it clear that she wanted all assets to be controlled by him.

Tupper claims the 2011 email proves that he should be in charge of the estate. ‘FYI in case I die tomorrow and anyone asks,’ Heche’s email begins. ‘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 has said that the two half-brothers have not had any contact since the day Heche died. Tupper, Heche and their son Atlas are pictured in 2015

The email from Heche has the subject line ‘WILL’ and is addressed to Tupper and copied to attorneys Kevin Yorn and Melodie Moore. 

‘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,’ the email reads. 

It says that her assets will be divided equally among her two sons and that their portions should be given to them when they turn 25 years old. 

In the event that her two sons and Tupper all pass, Heche turned her assets over to her nephew Eliot Bergman, to be divided equally among her nieces and nephews. 

‘May this go into my records as my word until further papers are drawn up,’ Heche ends the email. 

It appears no further paperwork was ever filed. 

In his original petition to the court, Laffoon says that it is unclear how much money or property Heche, 53, had to her name before she died.  Laffoon lists his mother’s personal property and her annual income as ‘unknown.’

The court will have to dig into Heche’s finances to determine the value of her estate and what properties she owned.

In 2021, it was reported that she was selling her cottage in the Silver Lake area of Los Angeles for around $2million with co-star and ex-partner Thomas Jane.

It was also previously reported that she owned another home in the Hancock Park-Wilshire area of Los Angeles – a mansion priced at around $4million.

A photo before the August 5 crash shows Heche at the wheel with a liquor bottle in the cup holder

Heche died from injuries sustained in a fireball car crash in Los Angeles on August 5

Heche died after an August 5 crash in Los Angeles. The actress, best known for roles in Donnie Brasco, Volcano and Wag the Dog and her three-year-relationship with Ellen DeGeneres, slammed her Mini Cooper into a house, causing an explosion.

Blood tests showed that the actress had cocaine and fentanyl in her system when the high-speed crash occurred, but officials confirmed that she had not been drinking alcohol – despite being pictured shortly before with a vodka bottle in her cupholder. 

She was left badly burned and in a coma. 

Heche’s life support machine was turned off on August 14, and she was cremated on August 18.

A coroner ruled on August 17 that Heche died from inhalation injury and burns, and the death was ruled an accident.

The mother-of-two also had a fractured sternum caused by ‘blunt trauma,’ according to information on the website of the Los Angeles County Medical Examiner-Coroner.

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