Gary Coleman’s dead? “What’choo talkin’ ’bout, Willis?!”
Gary Coleman played “Arnold,” the little brother on TV’s “Diff’rent Strokes,” for eight years beginning in 1978. Coleman appeared in dozens of television films and series over the years. Coleman is perhaps the stereotype of a childhood star with a troubled life.
Coleman had a variety of legal and financial problems over the years. In 1993, a court awarded him over $1.2 million in his lawsuit against his parents and former advisors for misappropriation of his earnings that had been placed into a trust for his benefit. In 1999 he filed for bankruptcy.
Coleman married Shannon Price in August 2007 and they divorced a year later. Coleman continued to have a relationship with Price. In fact, Price was Coleman’s agent under his final Health Care documents.
Unfortunately, problems and controversy still swirl around Coleman, even in death. A dispute has arisen regarding Coleman’s estate. Coleman left a Will in 1999 which did not leave anything to Price. A new 2005 Will surfaced which also did not leave anything to Price. However, Price purports to have a 2007 Codicil in which Coleman leaves everything to her.
However, their 2008 divorce would operate to void the bequests to his ex-wife. Thus, the 2007 Codicil would not operate to leave his assets to his ex-wife, even if it is valid.
The waters are muddied further. Coleman lived with Price in Utah up until his death. Utah recognizes “common law marriage” in which the parties can be married even though they have no formal marriage license. Under Utah law, they must have lived together and must have held themselves out as being married. Under the Utah statute, they must have had the “uniform and general reputation as being husband and wife.” Presumably, the Utah probate court will determine if that was the case.
If Price and Coleman were married at the time of his death, then she would be entitled to one-third of his augmented estate even if he had not left anything to her in his Will.
How will the Utah court rule? Which Will or Codicil will they admit to probate? Will the Court find that Coleman and Price were common law spouses? Stay tuned for future developments…!
Stephen C. Hartnett, J.D., LL.M.
Associate Director of Education
American Academy of Estate Planning Attorneys, Inc.
(800) 846-1555
www.aaepa.com
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This story will make a great “Famous Estates” slide
Great blog!
Extremely interesting post thank you for sharing I just added your site to my bookmarks and will be back now and then. By the way this is off topic but I really like your blogs layout.
Very interesting. Thanks.
Wouldn’t the divorce prevent Price from arguing that she and Coleman held themselves out as being married? How can she have a “uniform and general reputation” of having been married if she has been divorced? Have you heard any updates?
Thanks,
Michael
Michael,
Thanks for the kind words. Just as it would be possible for them to be re-married by license, it would be possible for them to be divorced and then re-married via a common law marriage. They would have to hold themselves out as being married subsequent to the divorce. I have not heard an update on this. Thanks again for your interest.
Steve
Steve,
Thanks for your response. I find this case interesting because I am a graduate student in personal financial planning. I found your blog as I was researching Utah probate laws for an estate planning paper.
If I may, I was wondering: how would a non-married couple hold themselves out as being married? Is just living together sufficient? Would they have to live together for all or most of the year? Would they have to tell people they are married, own assets jointly, or wear wedding rings? Or, would the judge simply have to determine (using whatever criteria) that the individuals basically act like they are married?
Thanks,
Michael
Michael,
Living together would not be sufficient on its own. Neither would holding property jointly. If they consistently introduce themselves as “wife” and “husband” in addition to living together, this might be enough. The required period of time varies from state to state. The judge would look at the totality of the circumstances including: the consistency of telling people they are married, the duration of cohabitation, etc.
Steve
Appreciate the info – cheers!
Many thanks for your explanation and taking the time to email me as well