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Anne Heche's ex-husband James Tupper has filed paperwork in court to become the legal guardian of their 13-year-old son, Atlas Heche Tupper.
According to new legal documents, obtained by ET, the 57-year-old actor filed a "petition for appointment of Guardian Ad Litem." He's also filed a "Notice of Intent to File Objections to Homer Heche Laffoon's Petition for Letters of Administration and Competing Probate Petition."
In the docs, Tupper states Atlas "has no guardian of his estate" and that he is Atlas' father and "only living parent." What's more, Tupper says he "loves both Homer and Atlas as a father and wants the best for them both.” And "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 on matters of the estate is scheduled for Oct. 11.
Tupper and Homer have been at odds over who should control Heche's estate since she died back in August following a fiery car crash in the Mar Vista neighborhood of Los Angeles. Heche and Coley Laffoon were married from 2001 to 2009 and are parents to Homer, 20. Heche and Tupper dated for more than a decade before they split in 2018. They met in 2006 when they co-starred in Men in Trees.
Following her death, Homer filed court docs in Los Angeles on Aug. 31, asking to be made the administrator of his late mom's estate. In addition to control of the estate, Homer requested to be made guardian ad litem over Atlas. Because Atlas is a minor, Homer asked that the court waive the bond.
Not long after, Tupper asked the court to instead appoint a neutral third party private professional fiduciary or, alternately, himself as executor of her estate.
In the docs, James claimed that the late actress made her intentions clear in a personal email on Jan. 25, 2011, with the subject line "WILL," saying, "In case I die tomorrow and anyone asks. 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. They will be divided equally among our children, currently Homer Heche Laffoon and Atlas Heche Tupper, and their portion given to each when they are the age of 25."
Tupper went on to argue that there is "no urgent need to appoint a special administrator at this time" and that Homer is "not suitable for appointment" due to his age and that he is presently unemployed. James also alleges that Homer and his mother were estranged at the time of her death, "due to his dropping out of university studies and not working to support himself."
Homer later fired back, saying in court docs that he is "not disqualified from serving as administrator of the Estate," noting that "requirements pertaining to employment history or status, educational background, or prior experience administering probate estates" are not grounds for disqualification.