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

As long as @Rob Kuntz is on board; he said somewhere in here recently that he still owns something like 40% of it which means not much can really be done without his OK.
True. And Gary's sons have no stake and no part in the Castle and are not involved with Gail on positive terms, besides. Gail holds Gary's entire Literary Estate and I hold mine; where we cross with the Castle is her sticking point; but yet there are many, many sticking points with her treatment of Gary's Literary Estate. There are many angles converging here that are not my own, as well, such as the contract between her and Producer Tom DeSanto, the latter who I have communicated with at length about the situation, the Castle, et al. As I stated up-thread, don't hold your breath on seeing the final true/updated rendition of the Castle in my life time. It's just the aggregated reality of the past attempts, all of which I have pursued since 1982 and that I could now write a truly gloomy novel-length story about.
 

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There remain some un-sourced points here.
I will say only this: There are four sides in this conundrum: Gail's, the Gygax Kids, Tom DeSanto and where this stands in relation to the Castle, which has been judged as the most valuable and developable property of the estate, myself. All parties involved are well-informed of what the other's points are. This could all be resolved amicably but one party insists to dictate to the others and in terms that are not consistent with IP rights. legal instruments and good will, enforceable contracts. Thus a stalemate has ensued that has caused monetary loss to 3 of the 4 parties, which now has been added to the bottom sum and has strained all trust in the matter.
 
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Nikosandros

Golden Procrastinator
There remain some un-sourced points here.
I will say only this: There are four sides in this conundrum: Gail's, the Gygax Kids, Tom DeSanto and where this stands in relation to the Castle, which has been judged as the most valuable and developable property of the estate, myself. All parties involved are well-informed of what the other's points are. This could all be resolved amicably but one party insists to dictate to the others and in terms that are not consistent with IP rights. legal instruments and good will, enforceable contracts. Thus a stalemate has ensued that has caused monetary loss to 3 of the 4 parties, which now has been added to the bottom sum and has strained all trust in the matter.
Thanks for all the clarifications. I did not choose the word "dream" randomly. Even with an extremely limited knowledge, I'm aware that the chances of it ever happening are basically nil.
 
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Alzrius

The EN World kitten
There was a motion hearing yesterday, which notes the following:

10:58 AM Case called. Attorney Jennifer M Gorn in court for Petitioner Lucion Gygax. Petitioner Lucion Gygax appeared by phone means. Attorney Theodore Nathan Johnson in court for Beneficiary Gail Carpenter Gygax.

Motion to Compel.

Court has reviewed the filings.

Atty Johnson gives summary of the requests in the motion and argument.

Atty Gorn gives response and references Exhibit A and Exhibit B.

Atty Gorn gives argument.

Court gives findings.

Court grants the Motion to Compel in it's entirety.

Atty Johnson to prepare order.

Atty Johnson would stipulate to adjourning the trial so that discovery can be completed.

Court will adjourn the trial.

Court questions if Atty Gorn objects to setting a status.

Atty Gorn would like the trial dates reset.

Court will give 30 days for discovery to be completed.

Court questions if Lucion Gygax is wanting to be removed as PR.

Atty Gorn states he is wanting to be removed and Atty Koch is willing to being the PR and she has spoken to another attorney.

Atty Johnson objects to both as the Will names Gail Gygax as PR and the lack of assets.

Court questions if Lucion Gygax is willing to pay the bill for an attorney to be the PR.

Mr. Gygax would like time to speak to his attorney about this.

Court orders Lucion Gygax remain on the case as PR.

Atty Johnson states there hasn't been any PR appointed on this case.

Court will not make any decision as to the appointment of the PR.

Atty Gorn would like to reserve the trial date so a PR can be appointed.

Court will leave on for a short hearing on the trial date to appoint a PR.

Court would like a neutral person be appointed as PR.

Court questions a scheduling order being updated.

Scheduling order will be updated for the new trial dates.

Pretrial on September 2, 2021 @ 9am, by phone. CT on September 7, 2021 @ 8:30am, in person.

Discussion on IRS claiming there is income earned after the decedent passed.

Court orders due to discovery issues and congestion on the Court's calendar that the June trial be removed completely.

Court will leave the pretrial on for Sept 2, 2021 @ 9am, CT set for September 13, 2021 @ 8:30am, 2 days in person.

Experts and lay witnesses due July 30, 2021.

14 days prior to pretrial, witness list and motion in Limine due.

Exhibits to be premarked.

Discovery due 14 days prior to pretrial.

Atty Johnson confirms the court will hold open the issue of atty fees and costs.

11:39am Case adjourned.
 

Alzrius

The EN World kitten
Another entry from May 19th is that the court trial has been moved to September 13, 2021 at 08:30 am, with the pre-trial conference being September 2.
 


True. And Gary's sons have no stake and no part in the Castle and are not involved with Gail on positive terms, besides. Gail holds Gary's entire Literary Estate and I hold mine; where we cross with the Castle is her sticking point; but yet there are many, many sticking points with her treatment of Gary's Literary Estate. There are many angles converging here that are not my own, as well, such as the contract between her and Producer Tom DeSanto, the latter who I have communicated with at length about the situation, the Castle, et al. As I stated up-thread, don't hold your breath on seeing the final true/updated rendition of the Castle in my life time. It's just the aggregated reality of the past attempts, all of which I have pursued since 1982 and that I could now write a truly gloomy novel-length story about.
I think there's still a connection to the Castle though. The Castle is the most valuable IP. Gail owns some, you own some, and Luke Gygax is the Gygax with the relationship with WoTC, which is the requirement for it to be released as "Greyhawk". I suspect there's an underlying WoTC shadow lurking on the edge...
 

Alzrius

The EN World kitten
This seems quite technical. What does that mean?
I'm no lawyer (and if someone else here is, please jump in to correct me), so take this with a grain of salt, but from what I can tell, it's outlining the following developments (leaving aside minor procedural issues such as when witness lists must be submitted, issues of attorney fees, etc.):

  • Gail Gygax's lawyer filed a motion to compel (typically either testimony and/or documents) from Luke Gygax. After some wrangling, the court granted the motion. Luke now has to produce whatever it is that the motion outlines.
  • There's a confusing back-and-forth about who's the personal representative (PR), i.e. the executor, of Gary's estate. The judge asks if Luke wants to be removed as the executor. Luke's attorney says that he does, in favor of some lawyers he'd rather handle it. Gail's lawyer objects, saying that Gary's will says she's the executor (and mentioning a lack of assets; I think with regard to Gail not being able to pay for a lawyer to be executor). The judge then asks if Luke is willing to pay the fee for a lawyer to act as the executor; Luke says he'll need to speak to his attorney about that. The judge then orders Luke to stay on as the executor, at which point Gail's lawyer says no executor was appointed to begin with. The judge then elects not to make any decision regarding appointing an executor. Luke's attorney then asks for a trial date to be reserved so an executor can be appointed. The judge briefly checks on when the trial date can be set, subsequently saying they want a neutral party appointed as executor.
  • The new trial date is subsequently set.
 

JohnRTroy

Adventurer
This seems quite technical. What does that mean?
Basically, discovery is a process in the legal term that means each side asks questions and the other side must answer those questions. What happened is the motion to compel means that one side (Luke and his siblings) were not providing answers to the other side's questions in time. The judge granting a motion to compel means that the judge feels that the plaintiff was not being cooperative enough, as you normally don't have to force a compel motion.

When it comes to the executor, the court is trying to figure it out. It sounds like Luke's attorney is stepping down. One of the issues is on both Wills (see my quote from Luke Gygax above in the thread), Gail is executor in both Wills. While it's a bit hard to follow, I think the court now wants a neutral party to be involved to figure things out. Assets could mean what is listed on the Will itself, and "lack of assets" could be things like a house or major properties.

Honestly, when it comes to the IP--I don't even think this is about that. Based on what I've read online from various communications made on social media and elsewhere -- this is about money. I suspect if the Will is changed, Luke and his siblings will be allowed to get a percentage of anything Gail makes, which is likely relevant in two areas -- if Gail sells old collectables they could get some of that money, or maybe they want some of the money from the DeSanto agreement or anything if DeSanto is successful in doing something with the property. I highly doubt control of the actual IP will change at all.
 

Maxperson

Morkus from Orkus
Honestly, when it comes to the IP--I don't even think this is about that. Based on what I've read online from various communications made on social media and elsewhere -- this is about money. I suspect if the Will is changed, Luke and his siblings will be allowed to get a percentage of anything Gail makes, which is likely relevant in two areas -- if Gail sells old collectables they could get some of that money, or maybe they want some of the money from the DeSanto agreement or anything if DeSanto is successful in doing something with the property. I highly doubt control of the actual IP will change at all.
According to Luke, Gail knew about this will and never filed it. The kids only found out about it recently. If that is true, the kids could also be entitled to a portion of money that she made from the time Gary died until this is issue resolved.
 

I think there's still a connection to the Castle though. The Castle is the most valuable IP. Gail owns some, you own some, and Luke Gygax is the Gygax with the relationship with WoTC, which is the requirement for it to be released as "Greyhawk". I suspect there's an underlying WoTC shadow lurking on the edge...
This may be. But the underlying truth is that this is a struggle to see who controls the estate and, secondly, who shares in its profits and manages it.
 

Alzrius

The EN World kitten
Looks like the trial date has been pushed back again. From the motion hearing on July 28th:

09:58 AM Case called. Attorney Jennifer M Gorn in court for Petitioner Lucion Gygax. Attorney Theodore Nathan Johnson in court for Beneficiary Gail Carpenter Gygax. Petitioner Lucion Gygax appeared by phone means.

Motion to appoint a PR.

Atty Gorn gives argument.

Atty Johnson gives response.

Court gives findings.

Court will appoint Atty Koch as Personal Representative with limited powers.

Court grants order with limited powers.

Atty Gorn asks if she can reserve the right for her client to be reimbursed.

Court will allow this right to be reserved.

Atty Johnson asks if there is a time limit.

Discussion.

Atty Johnson would like Atty Koch involved in the depositions.

Court questions if Atty Gorn has discussed with Atty Koch the time line.

Atty Gorn gives response.

Atty Johnson gives response.

Court will remove the trial from the calendar and the pretrial will be a scheduling conference.

Atty Gorn to draft order and letters, provided to Atty Johnson prior to filing.

Prior scheduling deadlines no longer apply.

10:14am Case adjourned.

So the highlights here are:
  • The personal representative (i.e. executor) for Gary's estate will - albeit only with "limited powers" - be an attorney referred to only as Koch, who was mentioned as a possible personal representative by Luke's attorney (Jennifer Gorn) at the previous hearing on May 19th (to which Gail's attorney objected).
  • The costs for Koch's acting as the representative will apparently come out of Luke's pocket, but the door is open to him potentially being reimbursed for it (though I'm not sure who'd be reimbursing him).
  • Gail's attorney (Theodore Johnson) wants Koch to be involved in the depositions. How so, and whether that request has been/will be granted, aren't clear.
  • After asking if Koch was familiar with the timeline of the case (and receiving answers from both Luke and Gail's attorneys), the court throws out the previous schedule for the trial. A conference to determine the new schedule will take place next month, on September 2nd.
 


Alzrius

The EN World kitten
Just a minor set of updates here. There were several notifications regarding the formal appointment of Steven A. Koch as the personal representative (i.e. executor) of Gary's estate. The substance of the scheduling conference for the new trial is as follows:

09:10 AM Case called. Attorney Steven A. Koch in court. Attorney Jennifer M Gorn appeared by phone means for Petitioner Lucion Gygax. Petitioner Lucion Gygax appeared by phone means. Attorney Theodore Nathan Johnson appeared by phone means for Beneficiary Gail Carpenter Gygax. Beneficiary Ernest Gary Gygax appeared by phone means.

Atty Koch submitted a letter yesterday of the progress.

Atty Koch states Lucion Gygax did call him and will try to reach out to him either today or Tuesday.

Court is pleased with the progress that Atty Koch has made.

Atty Koch gives response.

Court does not want to set for trial yet.

Atty Gorn has one more issue with the IRS that she wants to visit but doesn't want anything scheduled yet.

Atty Johnson agrees.

Atty Gorn states there is a limitation with speaking to the IRS and requests that the Personal Representative be able to speak to them for issues.

Atty Johnson isn't aware of this issue but doesn't object to Atty Koch reaching out to them to see what the issue is.

Court will modify the letters to allow the PR to interact with the IRS.

Court asks Atty Gorn to submit new letters to reflect this.

Atty Johnson asks that Atty Gorn share what information the IRS is reaching out about and file with the court any correspondence.

Court agrees and orders atty Gorn to provide any documentation to the PR and Atty Johnson.

Atty Gorn gives response.

Atty Johnson questions how the contact with initiated.

Atty Gorn gives response.

Status Hearing set for November 11, 2021 @ 10:30am, by phone.

9:22am Case adjourned.

Overall, there's very little to show for this:

  • Steven A. Koch, the new personal representative for Gary's estate, has made "some progress," which the court is pleased with.
  • Jennifer Gorn, Luke's attorney, mentions an "issue" with regard to the IRS. The court subsequently grants her proposal for Koch to speak with the IRS in that regard. Theodore Johnson, Gail's attorney, reminds Gorn to keep him and the court in the loop with any subsequent IRS developments.
  • A hearing to update the court on the status (of the issue with the IRS, presumably) is set for November 11th.
 

Lanefan

Victoria Rules
The costs for Koch's acting as the representative will apparently come out of Luke's pocket, but the door is open to him potentially being reimbursed for it (though I'm not sure who'd be reimbursing him).
Just a minor set of updates here. There were several notifications regarding the formal appointment of Steven A. Koch as the personal representative (i.e. executor) of Gary's estate.
If Koch is the executor then any money Luke is paying Koch now (for this purpose) could in theory be claimed back later from the estate itself as a cost of discharging the will, depending how things are set up in the will and-or what the rules are in (Wisconsin?) regarding such things. (I'm acting as executor of a will right now thus am getting lots of on-the-fly lessons on this stuff)
 

Alzrius

The EN World kitten
Another relatively modest update here, with one notable exception: a possible agreement is now being discussed by each party's attorneys. Here's the details from the November 11th status conference:

10:32 AM Case called. Attorney Jennifer M Gorn in court for Petitioner Lucion Gygax. Attorney Theodore Nathan Johnson in court for Beneficiary Gail Carpenter Gygax. Attorney Steven A. Koch in court as personal representative.

Court questions movement with communication with the IRS.

Atty Koch states he has spoken to the IRS and requested documents and spoke counsel.

Atty Koch believes another status date is requested by counsel.

Atty Gorn states there's a possible agreement they are working on and asks for 30-45 days.

Court questions if there is a mediator.

Atty Gorn gives response.

Atty Johnson is in agreement with what Atty Gorn has said.

Atty Johnson is hopeful that the parties can get together within the next 30 days.

Court will set a status after the 1st of the year. Status hearing set for January 6, 2022 @ 9:30am, clients can appear by phone.

10:37am Case adjourned.

The gist of this is as follows: Steven Koch, who has been assigned as the personal representative (i.e. executor) of Gary's estate, has been in contact with the IRS about unspecified topics, apparently needing more time to continue doing so. Meanwhile, Jennifer Gorn (Luke's attorney) mentions that a possible deal is being discussed between the parties, with Theodore Johnson (Gail's attorney) being hopeful that it can be worked out in the next thirty days. The court subsequently sets another status conference for January 6th.
 

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