Shelley Duvall, famed for her chilling portrayal of Wendy Torrance in The Shining, passed away on July 11, 2024, at 75, leaving behind a legacy and a complex estate. Her longtime partner, Dan Gilroy, now finds himself in a legal battle for a share of her six-figure estate, valued at over $100,000, which includes cash, real estate, and personal belongings.
Despite never formally marrying, Dan asserts they lived as a married couple. In court documents, he describes himself as her “surviving common law spouse,” claiming they had an agreement to marry and presented themselves as husband and wife. His petition requests the court to recognize their common law marriage and appoint him as administrator of Duvall’s estate.
The Importance of an Estate Plan for Unmarried Couples
Duvall’s situation highlights a critical lesson: estate planning is vital, especially for unmarried couples. Unlike married couples, unmarried partners do not automatically have legal rights to each other’s assets. Without a clear estate plan, the state determines how your assets are distributed, which can lead to disputes among heirs. In Duvall’s case, her three brothers are also heirs, potentially complicating matters further. While Dan fights for a significant portion of the estate, the brothers have yet to respond to his claims.
For unmarried couples, it’s essential to take proactive steps in estate planning to ensure that your partner is protected. This means:
- Drafting a Will: A formal will can clearly outline how you want your assets distributed and specify your partner’s share.
- Establishing Powers of Attorney: Designate your partner as your medical and financial power of attorney to make decisions on your behalf if you become incapacitated.
- Discussing Common Law Marriage: If you believe your relationship qualifies as a common law marriage, ensure that you have legal documentation and witnesses to support your claim, as Dan is attempting to do.
What Duvall Did Right
While her estate plan has glaring issues, the mere existence of a plan is better than none. Duvall had some level of guidance regarding her assets, which is a positive step, even if it’s not fully effective.
What Went Wrong
The major oversight? The absence of a formal will. This lack of clarity leaves Dan to prove his claim amidst legal complexities. Without a legally binding document to confirm their intentions, his arguments hinge on interpretation rather than clear directives.
Shelley’s Estate Plan Is Far From Perfect
Shelley Duvall’s passing highlights the crucial need for an estate plan, especially for unmarried couples. While her estate plan exists, it’s far from perfect, demonstrating that planning ahead is vital, regardless of your estate’s size. By taking proactive steps—such as drafting a will and establishing powers of attorney—you can protect your partner and ensure your wishes are honored. Don’t leave your loved ones in a difficult position; start planning today.
At Trust Counsel, we’re dedicated to helping you build a lasting legacy and secure your future.
