Luke posted he has the rights to his name again! That's amazing! And his dad's other will is the one that presides (is that even the correct terminology?)
"is in force" is better than "presides."
If things like the name Gygax as trademark have been dealt with by the probate court, that implies strongly for a decision. It doesn't, however, indicate that Luke prevailed with the new will. It could be that Gail had ignored a clause of the existing one, or had otherwise been an unfaithful executor of the will
Keep in mind that the finding at the very start, the only one I recall being officially released, is that Gail had not put the estate through probate.
Several lawyers have commented online that Wisconsin does not require probate unless there is contention.
One might take the tete-a-tete between Gail's and Luke's assorted attorneys at law as evidence of serious contention.
Part of probate is paying off the existing debts of the decedent. All the auction tells us is that Gary either (1) owed someone something remediable in cash
and/or (2) directed certain things to be sold.
See, without knowing the wills in question, we only know that
- Gail did not file with the probate court when she executed the will she had.
- This apparently isn't unlawful in Wisconsin
- if she had, it would all be finalized already, and Luke would be «bleep»ed, even if the new will is otherwise valid, due to timeliness
- an attorney-in-fact for Ernest Gary Gygax Sr was appointed by the court, relieving Gail of that duty.
- some provision of either (1) law and/or (2) whichever will is in force required liquidating items
- Luke is claiming he got the right to use the Gygax name in commerce.
I don't doubt that Luke
believes he's got the right to use the name in commerce; I do have minor doubts about him being correct. Hence claiming. And I hope he's right.
So let's wait until the decision is public... it will happen... and enjoy the auction.
Oh, and the lesson of the mess? If you've got a will favorable to yourself, put it through probate as fast as the courts allow so it can't be undone. And don't be a jerk to your stepchildren.