15 Apr GENE HACKMAN’S ESTATE – WILL HIS CHILDREN BE “UNFORGIVEN”?
Oscar winning movie star, Gene Hackman, died on February 18, 2025, about a week after his wife, Betsy Arakawa. The couple lived in New Mexico, a community property state. They wed in 1991. Hackman had a large estate estimated to be around eighty million dollar ($80,000,000). Hackman had 3 children, Christopher Allen, Elizabeth Jean and Leslie Anne, born of his first marriage, but he has stated publicly in the past that his relationship was strained. Whether they are a beneficiary and what percentage they would be entitled has yet to be determined and may depend on several factors.
What share of the estate was community property?
Community property in Texas is generally an asset acquired during marriage. However, if there is a prenuptial or post-nuptial agreement, or the property was acquired as separate property (separate property can be traced), then property acquired during marriage can remain as separate property. The recipient of a gift, inheritance or proceeds from a personal injury are separate property (unless commingled or transmuted). It is presently unknown how much of Betsy’s estate was community property, but this could be important as to who and how much is inherited under her will.
Betsy’s will left her estate to Gene – or did it?
Betsy died first on February 11 and her will gave the bulk of her estate to Gene – who survived her. Although you might think that all assets would pass to him and then pass according to the terms of Gene’s will or trust, there was a provision in Betsy’s will that he had to survive her by 90 days. Charities are the contingent beneficiaries of Betsy’s will. Thus, the determination of the value of her community property interest will determine how much charities will receive.
Gene’s planning valued privacy
Gene’s will left his estate in its entirety to Betsy, but since she predeceased him, his share of the assets went to trusts in accordance with his will. Unlike wills which are recorded and a matter of public record, trusts are private. As a result, it is unknown who the beneficiaries are at this time. Hackman did not have a good relationship with his children (other than possibly Leslie Anne). So, it would not be surprising if a good portion (if not all) of his estate went to charity. Of course, all or a portion of his estate could go to his children.
On what grounds could the children contest?
The wills of Betsy and Gene were written in June 2005 which made reference to the trust agreement which was established in September 1995. The most common grounds for contesting a will or trust is incapacity and undue influence. Although Alzheimer’s Disease was a significant contributor to his death, it is unlikely capacity was an issue decades earlier when the will and trusts were established. So the more likely grounds for success would be the claim for undue influence. For example, did Betsy influence Gene if they were in the same room at the time the will or trust was signed? The children have hired a well-known probate litigator setting up a potential suit if Hackman’s estate planning documents indicates his children (who were not mentioned in his will) were “Unforgiven”.
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