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Gary Coleman Probate Litigation

Gary Coleman's ex-wife, Shannon Price, just filed legal docs claiming she wants to be appointed special administrator of Gary's estate ... on grounds she was Gary's common-law wife -- and she's submitted a handwritten document purportedly from Gary making her the sole beneficiary.  



Shannon has submitted a copy of what she claims is a handwritten addendum written by Gary Coleman in 2007, which says Shannon is the "sole heir of any and all monies, properties, bank accounts, earnings, model trains, vehicles, cars, toys, games, electronics, homes, other inheritances if any, all things physical and/or intellectual."  

And this is interesting ...in the handwritten document, it says, "This I have done because of my personal selfishness and weakness and I Love her with all my heart."

The handwritten addendum modifies a will written in 2006, which states, "I revoke all previous wills.  I specifically disinherit my biological parents and siblings."  But here's the catch.  The 2006 will was never signed by Gary. 

In the docs, Shannon says the most pressing matter right now is the "disposition of the body."

Shannon claims based on "a sealed decree of divorce" she was awarded the marital residence in Santaquin, Utah.  She is therefore challenging the executor's decision to have the locks changed ... which barred her from the house.

Shannon's lawyer claims in the docs, "Shannon and the decedent continued to have a romantic relationship and engage in romantic and sexual relations."

As for why Price claims she was Gary's common-law wife, her lawyer says they had joint bank accounts, incurred debt jointly, filed joint tax returns, celebrated holidays and other important days together and "they fought on occasion."

We checked and Utah is one of the few states that does recognize common-law marriage -- however, the law requires that the couple "request to have a common-law marriage recognized" during the relationship or within one year after the end of the relationship.

Shanon's lawyer also filed a letter from a pension department which says she is listed as the "primary beneficiary to receive the benefit.

The above is taken directly from TMZ.com June 10 Shannon Price I was Gary's Common Law Wife. 

Problems for her though: 

Since they were divorced in 2008 that would invalidate the 2007 will though even if it were valid at the time. Utah like Florida provides that if a person is divorced after making the provisions in the document that the will is void with respect to financial provisions to a spouse at the time who was then divorced. 

Also bringing up the prior will which knocked out all prior wills is a silly waste of time as unsigned wills mean nothing and have not validity so that is out. 

The fact that they were still having intimate relationships as mentioned in the petition is also not relevant to whether the 1999 will is valid or not or whether the supposed 2007 will is valid. Comical that is not even part of the argument for being common law spouses but the fact that they fought on occasion. That seems more frequent among ex spouses. In Florida the common law marriage was abolished as of January 1 1968. It appears Utah is one of around 11 states which currently recognize common law marriage for that time period. Whether they were holding themselves out as husband and wife though would be an issue. She would have to show they were living together, both able to give consent and get married and they were representing themselves as husband wife. They had gotten divorced then publicly went on a divorce court on tv that does not seem like they were holding themselves out to be married. 

Additionally she should not be concerned re the joint bank accounts as those would likely pass to the surviving joint tenant if they were genuinely jointly held property at least in Florida that is the rule although Utah may have different law. 

She should provide a joint tax return for 2009 and the sealed document showing that she supposedly owns the Utah home from their divorce. 

Todd Bridges his brother Willis in the show also claims to have a secret will expressing Gary's intent. Until Willis show's what he talking about with the will she will have further proving to do and it seems there will be a further probate battle which has not been resolved yet despite the brief will which the Probate Attorney Blog  linked to in prior post and the parents saying they were not going to fight the personal representatives wishes. 

Another legal issue though which in theory could come up is a Pre Termitted spouse if she is able to prove that her and Gary had held each other out as husband and wife, cohabited  and each had capacity to form intent and get married. If all happened after their divorce and after the last will was done in Florida and in most states so likely Utah she would receive an intestate share which since he did not have any children would be the entire estate. 

Whether that will was actually his handwriting and complied with Utah law will be another issue. 

There are still a number of unresolved questions in these disputes. 

Two "Wives" litigate over decedents burial

As part of the estate planning process it is important that people do pre planning for their final arrangements and designate what they desire for their burial or other final arrangements.

This article illustrates what can happen when that is not done. Marital Status is important when a person dies though because not only does that person have an important role in the final arrangements but it is an important issue for determining who is entitled to property as well. Certain rights such as homestead, family allowance, elective share are predicated on marriage and even if someone provides for a spouse in a will pursuant to Florida law provisions in a Will or Trust are voided by the divorce and treated as if the spouse had predeceased. 

The article says that the final resting place for the decedent will be decided by a judge as two women litigate over which was his wife at the time of his death and what city he will be buried in.

He was married in 1954 and had 3 children. As the article mentions there is a dispute over whether he had actually divorced his wife or merely pretended to do so in order to get remarried in 1989. Although there is a document trail they disputed and appear inconclusive. The initial wife says "she suspected and became aware that John E. Burrell ... was consorting with and was involved with other women, (but) John Burrell continued to represent himself to her as being her husband." She sought to have him buried within days of his death but the second woman who felt she was married to him told the funeral home they could not do so.

"Currently the body of the decedent is being stored at Petitioner's mortuary and will become a health hazard if not buried in the very near future," said the funeral directors Aug. 29 petition seeking instructions from the court.  "At this point, we just want him buried or shipped or whatever needs to be done," she further mentioned.

He should have signed the proper documentation and made pre planned final arrangements with a funeral home or other final arrangements making clear his desires for these arrangements and they could have then been carried out and avoided the long, public and costly litigation. Obviously he should have let his "wives" know to whom he was truly married but he should have also made the proper pre planned final arrangements and discussed them with his family so there would be no attempt to contest his desires. Instead he died in July and his body will remain in limbo sitting in the mortuary until late December at the earliest as the final arrangements are litigated.