Gene Hackman’s Will left everything to his wife and did not mention his children.
I don’t know the laws in New Mexico, but I do know how this would play out in California.
In California, if you want to disinherit someone, you must name them in your Will or Trust and clearly state that you do not want them to inherit. If you fail to mention them, they are considered a “pretermitted heir”—essentially treated as if you forgot to include them—which means they can make a legal claim to your estate.
What Happens to His Wife’s Estate?
Gene’s wife passed first, but her Will stated that if Gene did not survive her for 90 days, it would be as if they had died at the same time.
This means her estate will likely go to charity, as per her instructions.
However, his estate is a different matter.
What Happens to His Property?
If this were California, the key question would be how their assets were owned:
– Community Property – If Gene and his wife acquired assets together during their marriage, half would belong to her and go to charity, while his half would be part of his estate.
– Separate Property – Any assets Gene owned before marriage or inherited would likely be part of his estate.
What does this mean?
His children—who weren’t named in the Will—may have a legal claim to whatever is left.
Will There Be a Legal Battle?
Rumor has it Gene’s son has hired a high-powered estate litigator to make a claim. If true, this will end up in front of a judge—and the final decision will be out of the family’s hands.
The Lesson: Avoid Leaving It Up to a Judge
If you don’t want a court battle over your estate, you need a clear and detailed estate plan.
– Clearly state who you want (or don’t want) to inherit.
– Consider what happens if your primary beneficiary dies before you.
– Work with an expert to ensure your estate plan is ironclad.
If you want to make sure your estate is handled exactly how you want, give me a call.
