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

[darjr]

Wow. Luke has got to be super frustrated. I too hope many of these things end up in the hands of folks who will take good care of them.

 

[JohnRTroy]

So, we do not know the result of the trial, right?

This isn't a "trial" per say as this is all probate court. The trial portion was to determine if the will Luke submitted to the court was valid and was to be interpreted by the court and followed. If you look at the court records, that is what happened. From all appearances, the will is being interpreted.

Not as of yet.

I want to stress that I'm not a lawyer, so I'm speculating here, but given that the trial apparently wasn't held in front of a jury (I don't think probate cases usually are), my guess is that the judge is the one who'll make a decision, and so it might not be unusual that it'll (apparently) take a few months.

Probate is not a jury trial.

The thing you will need to remember is this public interface does not give people any actual insight into the contents of any of the wills. You will get general updates like "order given", but not what the order actually says.

What is happening now is that there is a representative (Koch), who is executing the will. Because this went to court and there was a dispute, neither Gail nor Luke has control over the execution of the will. The will is the will and the other sons and daughters are part of that.

Koch will read the will and execute it based on the terms. This inventory and selling of property is likely part of that process. Some people were assuming it was just to "pay off" the IRS, but we don't know why they are involved. It may not be due to back taxes or what other people speculate.

What I think people need to realize is that this is not some kind of winner/loser thing or a court case between two parties. Luke filed the will but that doesn't mean he is in control of the estate. People are making an assumption all of the sudden there would be some kind of regime change, but I doubt that is the case. We don't know the contents of the will, but I am assuming that while the will has more favorable terms for any of the kids, it doesn't mean things may change. If what I've heard is correct, both wills, for instance, said Gail has lifetime rights to the IP, which makes sense since she was Gary's wife and involved actively in the business. But maybe there is a clear term of succession for the IP after she passes, which would be a reason to file.

I doubt the IP was ever the primary motivator. From what I've seen online the biggest squabble has not been over the IP so much as the collection of stuff Gary had -- and I'm not talking about IP, but just seeing the auctions going on now, if that part of the estate is up for grabs or not, the money will get distributed to the heirs evenly based on the terms of the will and/or estate planning. This could be what the family wants -- for instance, if Gail still has the original art to the Player's Handbook, which I remember the last time I visited Gary in 2007, that could be sold for a lot. Stuff like that is probably the primary motivator for the involved members of the family.

Also, I should mention that attorney's fees will have to be paid -- all three lawyers, including the personal rep (who's time must be paid for), some of the money will go to them.

So, I think if people are following this because they suddenly think Luke was going to get control of the IP and announce a new Castle Zagyg project -- you are probably going to be very disappointed. I doubt you will get any clear answers from the court record, and it will be up to Luke, Gail, or whomever is directly involved to share details -- or not. (And if they do you may get a biased account of things too).

Wow. Luke has got to be super frustrated. I too hope many of these things end up in the hands of folks who will take good care of them.

Or, maybe he is satisfied. Again, the new will appears to have been put into play and is being executed.

 

[darjr]

I can’t imagine having to go through this and the cowry deciding to auction his dads stuff off sits well with him. But it’s true I don’t know.

 

[Jd Smith1]

Escrow does not mean what you think it means?

Is that a question?

The estate was settled years ago. Its all over.

 

[bedir than]

The estate was settled years ago. Its all over.

Except that's disproven by the trial, the current will and the executor of the now valid will.

 

[darjr]

Except that's disproven by the trial, the current will and the executor of the now valid will.

Did i misunderstand? Did Luke give his OK for the auction?

 

[bedir than]

Did i misunderstand? Did Luke give his OK for the auction?

It's not up to Luke or Gail. It's up to the executor of the active and valid will.

 

[Omand]

@darjr @bedir than @Jd Smith1

You seem to be talking at cross purposes here folks.

@Jd Smith1 - Your last statement would seem to be incorrect as @bedir than pointed out in Post #175. This current probate court action with ongoing motions and actions indicates that the estate was not settled years ago. It may have appeared settled, but the discovery and review/probate of a new will/missing will/original will that was still valid (we are not clear on which is the case at this time, just that action is ongoing after Luke started this court action based upon a new will being filed).

@darjr - We don't know if Luke wants this auction to take place or not. We do know, however, that it is proceeding based upon the probate court case that he initiated.

From my understanding, @JohnRTroy appears to have provided a nice summary of the situation, at least based upon the little we know. A great deal is contained in the documents being filed in the case that are not posted online (just the motions and court actions are open and listed if I understand correctly).

Cheers

 

[Mistwell]

This isn't a "trial" per say as this is all probate court. The trial portion was to determine if the will Luke submitted to the court was valid and was to be interpreted by the court and followed. If you look at the court records, that is what happened. From all appearances, the will is being interpreted.

That has not, as far as I know, been decided yet. It's why I asked.

And I very well know the nuance between trial and hearing and what probate court is. I used trial as short hand so everyone would understand. Using hearing doesn't change my question. Read earlier in this thread if you want to know why and where I am coming from.

The thing you will need to remember is

Why, you're going to tell me what to remember?

What I think people need to realize is

Yes, you are going to be that guy. Ha!

 

[Mistwell]

Is that a question?

The estate was settled years ago. Its all over.

Welcome to the thread!

You will, eventually, catch up.