Shelley Duvall, best remembered for her iconic role as Wendy Torrance in The Shining, recently passed away at 75. While her legacy in film continues to capture the hearts of fans, her passing offers some valuable estate planning insights for everyone.
In case you haven’t read about the complications with her estate, Duvall’s death left unresolved legal matters, particularly for her long-term partner, Dan Gilroy. Without a will, Gilroy now faces a challenging legal process to claim a portion of her six-figure estate. For those of us who may not be movie stars but wish to secure our assets and protect our loved ones, there are key takeaways here. Let’s explore what can be learned from Shelley Duvall’s story to help you avoid similar challenges in your own life and after your passing.
The Need for a Life & Legacy Plan
Perhaps the clearest takeaway from Shelley Duvall’s situation is the necessity of having an estate plan—specifically, a Life & Legacy Plan. Without one, the state determines who inherits your property, and your loved ones may have to go to court to sort everything out. This can be a lengthy, costly, and stressful ordeal, leaving decisions in the hands of a judge unfamiliar with you or your loved ones. In Duvall’s case, her partner of over 30 years, Dan Gilroy, now finds himself in a position where he must legally establish his right to inherit a share of her assets.
Creating a Life & Legacy Plan allows you to ensure your wishes are honored after your passing. Whether you’re married, single, or in a long-term partnership, having a plan that clearly specifies who will receive what can save your loved ones from unnecessary confusion and distress. This planning is especially important for those without children, as asset distribution can become more complex. In Duvall’s case, her three brothers may end up with a large portion of her estate, which may not align with her wishes. You can avoid this uncertainty by establishing a will that reflects your intentions.
Protecting Unmarried Partners’ Rights
Life & Legacy Planning is crucial for couples like Duvall and Gilroy, who shared a long-term relationship but weren’t legally married. Gilroy now has to prove that he and Duvall were in a common-law marriage to claim any of her estate.
Common-law marriage is recognized in Texas, where they lived, but not in all states. To be acknowledged as common-law spouses, Gilroy must demonstrate they agreed to be married, lived together as a couple, and presented themselves as husband and wife. Without this proof, he may receive little to nothing from Duvall’s estate—a situation she likely would not have wanted.
If you’re in a long-term relationship without marriage, it’s essential to think carefully about your estate and assets. When you work with us, we’ll guide you in making decisions that fit your needs and wishes. We’ll develop a Life & Legacy Plan that accurately documents your intentions, especially if you want an unmarried partner to inherit your assets. For Duvall, a Life & Legacy Plan could have made the legal process simpler for Gilroy.
Addressing Mental Health in Your Estate Planning
Another factor that could come up in Duvall’s estate proceedings is her mental health. In her later years, there were public concerns about her mental state, including a 2016 interview with Dr. Phil where she exhibited erratic behavior. This might lead to questions in court about her capacity to understand legal decisions, like marriage or estate planning, which could explain the absence of a plan.
If you or a loved one faces mental health challenges, planning early while mental capacity is clear is essential. Documenting your wishes now can prevent future disputes and provide clarity if your health changes. Working with us, you can create a Life & Legacy Plan that captures your intentions, ensuring your estate is managed according to your wishes, regardless of future health concerns. Duvall’s experience is a reminder that waiting too long to plan can leave loved ones vulnerable to long legal battles and uncertainty.
Take Steps to Protect Your Loved Ones
Shelley Duvall’s passing serves as an important reminder of steps we can all take to secure our future. Regardless of fame or wealth, everyone should have a plan that safeguards their assets and supports their loved ones. By creating a Life & Legacy Plan, considering the rights of an unmarried partner, and addressing potential mental health issues early on, you can help ensure your wishes are upheld after you’re gone. The best time to protect your loved ones is today.
As a Personal Family LawyerⓇ firm, we’re here to help you design a comprehensive Life & Legacy Plan that ensures your assets are distributed as you wish and your loved ones are supported, whether you’re married, in a long-term relationship, or managing unique mental health considerations. With your plan in place, you can rest easy knowing your legacy will endure and your family will be spared from court battles and conflicts. Use the form at the bottom of this page to schedule your free fifteen minute consultation today!
This article is a service of The Life and Legacy Law Center, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning® Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.