As previously reported April 1 2010 on ProbateAttorneyBlog.com Dennis Hopper had been involved in a contested divorce with his much younger wife (41 years old versus his 74 years of age) for which there had been many disputes. Although they had a prenup which provided she would only receive money if she was both living with him and married with him at the time of his death and she would only be able to live in his home for 60 days after either party filed for divorce which he did in January a judge refused to enforce the provision re his home letting her stay there while he was living and had required him to pay $12k a month in spousal support and child support. There had been a court hearing as well on what to do with an insurance policy that had her named and as the beneficiary which was desired to be changed and the judge failed to make a ruling other than to say at the moment it would not be changed. There was additionally no resolution to the charge that his wife had stolen $1.5 million of art work and other property from his home. If they were married and living together. They were married since the divorce had not gone though yet but not living together she could receive 25% per the pre nup which Probate Attorney Blog expects to happen or if she were as bold as the divorcing wife of LA Dodgers owner sought to have the prenup thrown out entirely (in the divorce context that has happened since she claims it was unfair) although unlikely she will knock out both that and his estate planning to be able to get an intestate share.
There have been hard feelings with his daughter and his assistant saying the wife had been trying to kill him and even getting a restraining order preventing her from coming too close to him and the wife blaming the daughter and saying the marital problems were from the daughter creating them and wanting to get the most should from his estate.
Also at the end and during at least a part of the divorce proceedings he lacked mental capacity given his illness is the contention which Victoria his wife will likely argue. It is not disputed he was unable to make it to depositions and he was very weak although whether he knew who his heirs (natural objects of his bounty) and the nature and approximate extent of his assets will be argued and in this case there will be multiple time frames as there had been a prenup at which he had capacity although she may argue they were not living together given his illness or influence of daughter so she should still get 25% or she may directly challenge the trust estate but with millions at stake and a lot of bitter disputes not fully resolve it is likely there will some sort of estate litigation in his estate.