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

[Maxperson]

Is it though?

I am not a lawyer, and not as well-versed as some who have been following this and have posted in this thread. But from what I have been able to gather, there s a real question about who owns what from Gary's Estate. Yes, Gail has claimed to be the 100% beneficiary, but Luke challenged that based upon questions over the legitimacy of the will.

At least, that is what I have been able to gather.

If Gail is not the 100% beneficiary, then it is not necessarily Gail's stuff.

Cheers

It is until it isn't. There are negotiations in place and the case will probably settle, but until that happens(and maybe after) the stuff is hers.

 

[Umbran]

Is it though?

Again, not a lawyer. but if there is a dispute over the disposition of an estate it is my general understanding that the contents of the estate remain in the estate, they do not go or belong to any of the possible claimants.

This dispute is recent. If I recall correctly, she's had clear title to the rights for something like a decade.

 

[Zardnaar]

It is until it isn't. There are negotiations in place and the case will probably settle, but until that happens(and maybe after) the stuff is hers.

That and the estate would have been paid out years ago.

 

[Omand]

Again, I concede my lack of US legal knowledge, but reading all of the latest summaries, it seems to me the Estate is still intact.

At least in a legal sense.

That is why there are three attorneys involved. One for Gail, one for Luke and one for the Estate.

@Alzrius in his summaries has referred to the Estate existing multiple times, and that part of the early proceedings were about Gail disputing a separate lawyer being appointed by the court for the Estate, as she did not have the money to pay for said lawyer.

Not trying to be disruptive here, but it seems to me that those saying Gail could burn all of Gary's manuscripts right now since she owns them (pending the outcome of this case) are jumping the gun a bit. I highly suspect the court would take a dim view of such action.

I will go back to lurking now and we will eventually see how this turns out.

Cheers

 

[Jd Smith1]

Again, I concede my lack of US legal knowledge, but reading all of the latest summaries, it seems to me the Estate is still intact.

The estate is not intact. It has been probated, which means that it has been transformed from the estate of a deceased person to being the private property of a living person (Gail).

So no, it is not intact. As Zard noted, until a court rules otherwise, it is over. And given the amount of time that has passed, the odds of a court re-opening the matter are very slim to none.

 

[MNblockhead]

Well, she couldn't legally just burn it as it is evidence in an ongoing litigation. That would be spoliation of evidence and would--at a minimum--result in an adverse inference sanction.

 

[Deset Gled]

Well, she couldn't legally just burn it as it is evidence in an ongoing litigation. That would be spoliation of evidence and would--at a minimum--result in an adverse inference sanction.

A sizeable chunk of the estate is intellectual property rights. Kinda hard to light intangible objects on fire. I guess David Benioff and DB Weiss managed to do it, though.

 

[Nikosandros]

It's not 'Gary's stuff'. It is Gail's 'stuff'. She can do with it as she pleases. Perhaps she's already destroyed it. Perhaps she's waiting to see what the market will bear.

Or maybe she just wants to move on with her life.

If you follow the link in Alzrius post above, you'll see that it hasn't been destroyed and the intention of eventually publishing the material is there.

 

[Jd Smith1]

Well, she couldn't legally just burn it as it is evidence in an ongoing litigation. That would be spoliation of evidence and would--at a minimum--result in an adverse inference sanction.

In a criminal matter, you are right. But this is a civil matter, and until a court rules that its ownership is in question, it is her property.

 

[Jd Smith1]

If you follow the link in Alzrius post above, you'll see that it hasn't been destroyed and the intention of eventually publishing the material is there.

I'm aware. I was pointing out her options, not her intent.