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

[JohnRTroy]

One thing in that public Facebook post, buried in the comments, is a statement that seems to clarify something I suspected earlier.

Question from another: Luke Gygax, If you prevail with the will, does Gail no longer have ownership rights to the D&D show material?

Answer: that’s not determined yet. The Will leaves life rights of all IP to Gail. IP often includes artwork. Also Gail was witness and executor which may be problematic legally..

So, it looks like regarding the will, based on that statement (which I assume refers to the will Luke wants validated, as there are two filed), regardless of the situation, it's appears that EGG left control of the IP over to Gail, which is the outcome I always predicted.

So this battle isn't about control over Gary's unpublished work, nor would a court case suddenly give any of the kids the rights to print Gary's out of print work.

 

[AmerginLiath]

Apropos of nothing, this feels like an adventure hook. We’re all sitting in the tavern when an old man whispers something to us about the True Will of Gygax, buried deep below Castle Greyhawk...

 

[Mistwell]

News today: Gail Gygax never filed a will when Gary Gygax died. Luke Gygax’s filing is the first will to be probated with the state, apparently. When Gary Gygax died Wisconsin required probate for all estates of $50k or more. It would appear, now that Gail Gygax is auctioning cartoon animation cells from the estate, that the estate was in fact valued over that sum.

 

[Ralif Redhammer]

Wait, she didn't even file the first one? Things are going to get complicated here, I fear.

News today: Gail Gygax never filed a will when Gary Gygax died.

 

[aramis erak]

Wait, she didn't even file the first one? Things are going to get complicated here, I fear.

Her best defenses would seem to be "plead ignorance" or "provide a later will for validation."

It's important to remember also: The US lacks uniformity of law, AND most states have a default to the wife.

In some states, there's separate ownership; in others joint.

Note that income and properties in wisconsin gained after marriage are 50/50 split. (It's explained nicely on a divorce site... Dividing Property in Wisconsin )

So, if EGG willed his rights to the boys... that makes them 50% owner of the company. It also makes the claim of "work for hire" potentially invalid, as he's hired himself as default co-owner of the company.

GAH!!! what a royal mess.

 

[Mistwell]

Wait, she didn't even file the first one? Things are going to get complicated here, I fear.

I am no longer certain there is a "first one"? I think it's possible there is just one will. The one that's being filed now. I think it's possible they've been working off of default rules for no will and under $50K estate all along. And then they found out there was a will, and that it had never been filed.

 

[QuentinGeorge]

I am no longer certain there is a "first one"? I think it's possible there is just one will. The one that's being filed now. I think it's possible they've been working off of default rules for no will and under $50K estate all along. And then they found out there was a will, and that it had never been filed.

Yikes. And Gail also witnessed the will she never filed? Hard to say you weren't aware of it.

 

[Eltab]

GAH!!! what a royal mess.

Gary was consistent that way, it seems.

 

[Maxperson]

Yikes. And Gail also witnessed the will she never filed? Hard to say you weren't aware of it.

If she was aware of it and didn't file it, and it gave rights to the kids that went to her instead, that's bad juju for her.

 

[Omand]

So, I know that it is none of my business (or any of ours actually), but I am curious if there have been any further developments here.

I don't usually like soap operas or train wrecks, but I cannot help but be curious about this one.

Cheers