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

[Rob Kuntz]

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]

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.

 

[Committed Hero]

I just like the name of the stenographer.

 

[Alzrius]

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]

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]

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.

 

[Alzrius]

A very small update as of yesterday's status conference. While it kicks the can a little further down the road, it suggests that a settlement might be within reach:

09:40 AM Case called. Attorney Jennifer M Gorn appeared by phone means for Petitioner Lucion Gygax. Attorney Theodore Nathan Johnson appeared by phone means for Beneficiary Gail Carpenter Gygax. Attorney Steven A. Koch appeared by phone means as personal representative.

Court questions status of case.

Atty Gorn states there is an alternative idea for settlement and gives explanation.

Atty Gorn requests 45 days for a status.

Atty Johnson agrees and states there has been discussions for a settlement.

Atty Koch states a settlement is being worked on and the issue is the intellectual property.

Status hearing set for March 2, 2022 @ 8:30am, by phone.

9:46am Case adjourned.

 

[DarkCrisis]

So, what's Gails issue with Garys stuff? Why wont she say, sale the Greyhawk Castle stuff or allow its use to be sold etc? Why is she hording everything except what she chooses to auction?

Seems pretty counter to Gary who wanted people to play games and not horde them like a dragon.

 

[Umbran]

So, what's Gails issue with Garys stuff? Why wont she say, sale the Greyhawk Castle stuff or allow its use to be sold etc? Why is she hording everything except what she chooses to auction?

Seems pretty counter to Gary who wanted people to play games and not horde them like a dragon.

I don't think you accurately describe what's going on.

 

[DarkCrisis]

I don't think you accurately describe what's going on.

Hence why I’m asking