Divorce After Death for Actor Dennis Hopper
Posted on Sep 6, 2010 9:35am PDT
As reported by ABC News, divorce negotiations for actor Dennis Hopper, known for films "Easy Rider" and "Blue Velvet," will continue after his death from prostate cancer on May 29.
Hopper was laid to rest in Taos, New Mexico, where he had requested his burial, on June 2. As Hopper was embroiled in a divorce at the time of his death the battle moves to probate from divorce court. His fifth wife for the past 14 years, Victoria Duffy-Hopper, is expected to challenge a portion of his estimated $30 million estate.
Duffy-Hopper's attorney Mirka Royston said, "We are very saddened to hear of Dennis Hopper's death. The dissolution case is now at end, and the matter will proceed to the Probate Court."
A week before Hopper's death his attorney, Joe Mannis, told the court that his client was competent and wanted to reach a settlement with Duffy-Hopper. The court ordered the deposition moved forward.
By the time that Mannis returned to court he had to report that Hopper's conditioned had worsened and that he could no longer speak. Within two days Hopper passed away.
Duffy-Hopper's prenuptial agreement, per court documents, allowed her 25 percent of Hopper's estate and between $250,000 and $1 million in life insurance - as long as the couple was living together and as husband and wife.
The probate court will have to decide whether the two were indeed "living together" before Hopper died. Duffy-Hopper is expected to argue that living in side-by-side houses in property Hopper owned in Venice, California, counted as such.
Andrew Mayoras, a probate attorney in Detroit stated, "Personally I think she's going to have a real uphill battle. I think it's a long shot at best." Mayoras's wife and law partner, Danielle Mayoras said, "He wanted her out of the house."
Earlier court records show that Hopper felt that Duffy-Hopper was a threat to his life. That revelation didn't prevent a judge order that Hopper was to continue providing Duffy-Hopper a place to live - on his property.
Mayoras explained, "The judge allowing her to remain on the property is one thing, but it's the interpretation of the prenuptial agreement that is going to govern in probate court."
In April the judge also ordered $12,000 a month for spousal and child support. It is expected by Mayoras that the judge will deal with the child support issue first so that the couple's 7-year-old daughter, Galen, will continue to be provided for.
This expected order will also allow Duffy-Hopper some financial assistance while the estate goes through probate. The court's decision can be made in a matter of months or stretch into years.
On May 12, a judge denied Hopper's a motion to exclude his daughter Galen from his life insurance policy. The policy would entitle her to share of $750,000 with Hopper's older children, Marin, Ruthanna and Henry.
Hopper's previous filings had allowed Galen a "substantial portion."
Duffy-Hopper accused the older children of masterminding their divorce as well as excluding Galen from Hopper's estate. She is likely to argue Hopper's competency.
Duffy-Hopper's lawyer Roydston contends, "Victoria's prime objective is to make sure she can support her child. The adult children are taking control of this case and attempting to limit any funds that go to Victoria or Galen, and it really is quite sad. It's the stuff that movies are made of. The adult children are clamoring to secure as much money for themselves as possible."
If you are facing a divorce or probate court, contact a Family Law Attorney near you for help.