Greenville Estate Attorney: “A Celebrity Dies…….An Estate Contest is Born”
July 8, 2010
The death of another celebrity has apparently led to more estate litigation and bickering about who is entitled to the assets left behind. Gary Coleman died on May 28, 2010. The reporting is raising some interesting issues for probate lawyers. The bare bone facts, as reported by various news outlets, appear to be as follows:
1. Gary Coleman executes a Last Will and Testament in 1999 and a new Last Will in 2005.
2. Gary Coleman marries Shannon Price on August 22, 2007. Neither the 1999 nor 2005 Last Wills mentions Ms. Price, naturally.
3. In the end of 2007, Gary Coleman executes a Codicil (Amendment) to his 2005 Last Will, giving his entire estate to Ms. Price.
4. Gary Coleman and Ms. Price divorce on August 12, 2008, but apparently continue living together until his death on May 28, 2010.
While the Gary Coleman estate will in reality be subject to the laws of the state of Utah, there are several scenarios that could play out under South Carolina law with this set of facts.
Assuming that the 2005 Last Will and 2007 Codicil were valid, it would appear at first glance that through the Codicil Ms. Price will get the entire estate. But first glances can be wrong. Ms. Price and Gary Coleman were divorced in 2008, and under the law a divorce automatically revokes gifts to the former spouse made in a Last Will (and Codicil). But there is possible hope here for Ms. Price. The rule that divorce revokes the gift is negated by a subsequent remarriage. Gary Coleman and Ms. Price continued to live together after they were divorced. South Carolina recognizes common law marriage, whereby cohabitation by unmarried persons coupled with a holding out that the couple is married can result in a marriage. Thus, the common law marriage could operate to revive the gifts made to Ms. Price in the 2007 Codicil. Who knows if Ms. Price could be successful with this claim, but it is a nice handle to grab onto in an estate contest.
However, what if it were determined that the 2007 Codicil was invalidly executed? This would leave the 2005 Last Will, which did not mention Ms. Price. In this scenario, Ms. Price could be termed an omitted spouse, which would entitle her to receive the surviving spouse’s intestate share of the estate, in this case the entire estate. However, Ms. Price divorced Gary Coleman in 2008, so under South Carolina law Ms. Price would have to prove by clear and convincing evidence that she and Gary Coleman were in a common law marriage at the time of his death in order to inherit the estate as a surviving spouse.
If the 2005 Last Will were also held invalid, we might be left with the 1999 Last Will, and the same analysis as above applies. Ms. Price would be an omitted spouse and would be entitled to her intestate share of the estate (all of it), as long as she could prove by clear and convincing evidence that she and Gary Coleman were in a common law marriage at the time of his death.
What if after Gary Coleman and Ms. Price were married in 2007 Gary Coleman executed a new Last Will that also did not mention Ms. Price? In this case, Ms. Price is not an omitted spouse as above. She would not be entitled to receive the an intestate share. However, she would instead have had the right to elect to receive her “elective share” of the estate, which is one third of the probate estate. This also would require her to show that through a common law marriage she was Gary Coleman’s surviving spouse.
Many legal commentators have been quick to point out that a divorce revokes a gift made in a Last Will, but the common law marriage doctrine could save the day for Ms. Price.
Like any decent lawyer, I need to add a disclaimer here: unfortunately, it is impossible to offer comprehensive legal advice over the internet, no matter how well researched or written. And remember, reviewing this website and my blogs doesn’t make you a client of my Firm: before relying on any information given on this site, please contact a legal professional to discuss your particular situation.