E. Gary Gygax Sr. May Have Had Another, More Recent Will?

[Snarf Zagyg]

Thanks for providing this detailed updates. I understand less than half of what I read, but that's on me...

From what I gather regarding the issue related to Rob Kuntz-

In general, there is a strong desire for finality in estates. Therefore, once there is proper publication of notice, a clock starts ticking for people to file their claims against the estate. The amount of time varies depending on jurisdiction, but let's say it's 90 days.

If you do not file your claim within 90 days, then your claim is "time-barred." Here, it's referred to as the "statute of limitations," which is one way of putting it, although I normally don't think of it in those terms (normally, a statute of limitations refers to actions being time barred, such as a requirement to file a breach of contract within four years of the breach). But it's the same idea.

So the various discussions can be boiled down to this-
1. When was the publication of notice?
2. What was the deadline for filing a claim based on the publication date?
3. RK's claim was filed after the deadline, therefore he does not have a claim.

 

[JohnRTroy]

From what I gather regarding the issue related to Rob Kuntz-

So the various discussions can be boiled down to this-
1. When was the publication of notice?
2. What was the deadline for filing a claim based on the publication date?
3. RK's claim was filed after the deadline, therefore he does not have a claim.

If you read the case log which you can do online, he did file. The publication date was delayed because the Will was only put into probate this year, so he did follow the procedural rules for the claims and filed it -- that's assuming he counts as a creditor.

I suspect the issue goes back to disputes between Rob and Gary over CZ a long time ago when they initially broke up their partnership with TLG on it. I'm guessing the court may have judged this either on the strength of the claims, and/or the fact that he didn't take action against the estate for the years this was ongoing. I mean, it's probably a lot easier for him to file a claim while it's in probate rather than do a civil suit against the estate separately, which I guess he'll have to do if he has a serious claim. (And it's probably messy -- are the maps his, or count as a co-colaboration effort between him and Gary over the years).

 

[Snarf Zagyg]

If you read the case log which you can do online, he did file. The publication date was delayed because the Will was only put into probate this year, so he did follow the procedural rules for the claims and filed it -- that's assuming he counts as a creditor.

I suspect the issue goes back to disputes between Rob and Gary over CZ a long time ago when they initially broke up their partnership with TLG on it. I'm guessing the court may have judged this either on the strength of the claims, and/or the fact that he didn't take action against the estate for the years this was ongoing. I mean, it's probably a lot easier for him to file a claim while it's in probate rather than do a civil suit against the estate separately, which I guess he'll have to do if he has a serious claim. (And it's probably messy -- are the maps his, or count as a co-colaboration effort between him and Gary over the years).

The record indicates that the judge denied the claim as untimely. Not that it was a decision on the merits (the "strength of the claims").

Further record & discussion regarding Judge Reddy's order for deadlines for filing claims.
Court makes record & denies the notice of claim by Robert Kuntz as not being timely.

Given that is the basis of the denial, all we can know is that the basis is a lack of timeliness. Whether it's for failing to timely provide a claim under procedural rules, or whether it's because he was stating he was a creditor (despite not filing an appropriate suit within the SOL) is not evident from the record. But we do know it's not any adjudication on the merits, or the strength of the claim.

 

[JohnRTroy]

True, I'm just wondering if RK will try to make a seperate case against the estate outside of probate.

 

[Alzrius]

The record indicates that the judge denied the claim as untimely.

The part that confuses me is that, according to what's on the docket, the final date for filing claims is listed as 8/31/2023. However, Rob Kuntz's claim was initially filed on 7/14/2023.

My guess is that it has to do with the motion hearing on 8/10/2023, where it was heavily implied that Rob Kuntz was supposed to be there, but hadn't received notice that it was being held ("Claimant did not get notice, Atty Koch to notify claimant via email"), and was rescheduled for 9/26/2023 (that date having been noted on the 8/10 motion hearing, but also having its own notice entered on 8/28/2023, with Rob Kuntz starting to submit exhibits shortly thereafter).

 

[Alzrius]

Now this is unexpected: starting tonight, there's another estate sale going on!

Just like last week, the sale will take place over a one-week time frame, with items being put up as of 7 PM EST tonight, and everything being up by midnight. I've attached the catalogue here, so any interested parties can look the list over before things kick off. (Personally, I'm interested in Len Lakofka's unpublished Gods of Greyhawk manuscript, but there's quite a few interesting things here.)

Happy bidding, everyone!

 

[Mannahnin]

Now this is unexpected: starting tonight, there's another estate sale going on!

Just like last week, the sale will take place over a one-week time frame, with items being put up as of 7 PM EST tonight, and everything being up by midnight. I've attached the catalogue here, so any interested parties can look the list over before things kick off. (Personally, I'm interested in Len Lakofka's unpublished Gods of Greyhawk manuscript, but there's quite a few interesting things here.)

Happy bidding, everyone!

That Dave Trampier backgammon board is absolutely gorgeous.

 

[Alzrius]

A belated notice that there's another estate sale going on. The catalogue is attached below.

 

[Alzrius]

Not too much to unpack this time around, though some of that is due to how light on details the docket is. Let's recap:

• There's a notice of "received documents" on November 2nd. While it doesn't specify, my guess is that this is with regard to the affidavit of mailing from October 11th, denying Rob Kuntz's motion, i.e. this is a notice that the mailed claim was received (by Kuntz).
• There are "stipulation and order" entries for December 18th and 27th, entered by Judge Koss. No further information is listed for either.
• On January 8th, there's a motion entered, with no listing regarding what it's about or who entered it. On the same day, there's a letter to Judge Koss requesting a motion hearing, with no mention as to who is making the request.
• January 9th sees further activity. On that day, attorney Steven Koch (who is acting as the personal representative, i.e. executor, of Gary's estate) sent a letter to Judge Koss re: Lord Games LLC. My guess is that this is supposed to be Troll Lord Games LLC, but I can't confirm. Judge Koss also issues a notice of hearing, noting that there'll be a scheduling conference on January 22nd at 8:30 AM. Judge Koss also issues another "stipulation and order" entry, noting only that it's "proposed."
• Finally, we have one further "stipulation and order" entry from Judge Koss on January 10th, also lacking in further details.

Given the paucity of specifics, it's hard to say what any of this means. The best guess is likely that it's with regard to Troll Lord Games's recent republications of the last several supplements that they worked on with Gary, and that it relates to the finances of his estate. Presumably more information will come out over time.

 

[Mistwell]

So I'm not sure how I overlooked it in my summary here, but there was an order issued by Judge Koss on April 27th, one week after the trial concluded, which apparently settled the matter of which will was to be entered into probate (i.e. which will would be held as valid).

To that end, I paid for a copy of the April 27th order, and since this is a matter of public record which doesn't seem to have any privacy concerns (the way the contents of the wills might), I'm electing to post it here. If this is improper, I hope the mods will let me know, and I'll remove the attachment.

I am late to seeing this, but thank you for getting a copy. That's a really interesting document. Of note:

3. The 2006 Last Will and Testament of Ernest Gary Gygax, Sr., is valid and admitted for probate.
4. The 1990 Last Will and Testament of Ernest Gary Gygax, Sr is void because it is superseded by the 2006 Last Will and Testament of Ernest Gary Gygax, Sr.
5. The 1986 Property Transfer is void.
6. The 1994 Trigee Agreement is void and did not transfer of ownership of the decedent’s intellectual property, but instead was a licensing agreement revoked by the decedent by the terms of the 2006 Last Will and Testament of Ernest Gary Gygax, Sr.
7. All tangible personal property of the decedent, including but not limited to property included in ‘the collection,” inventoried by Paul Stormberg, is included in the Estate and subject to probate.
8. All intangible personal property of the decedent, including but not limited to all copyrights and trademarks, regardless of formal registration, as well as ownership or use of the famous name or likeness of the decedent, is included in the Estate and subject to probate.
9. Gail Carpenter Gygax is disqualified from acting as personal representative of the Estate of Ernest Gary Gygax, Sr.