Shelley Duvall, an unforgettable actress best known for her role as Wendy Torrance in The Shining, recently passed away at 75. As we’re celebrating Halloween and fans celebrate Shelley’s life and contributions to some of their favorite movies, her passing also offers valuable insights into the importance of estate planning — lessons that resonate for all of us, not just the uber-wealthy or celebrities. Estate planning can protect your loved ones, ensure your wishes are honored, and help avoid complex and expensive legal processes. Especially if you are in a long-term relationship with an unmarried partner.
The Importance of an Estate Plan
One of the clearest takeaways from Duvall’s situation is the importance of having an estate plan. Without a plan, the state often decides who inherits your assets, leaving loved ones to face potential legal challenges. In Duvall’s case, her long-time partner and musician, Dan Gilroy, is left proving his right to inherit a share of her estate, valued in the six figures.
An estate plan can ease this burden by clearly defining your intentions and protecting your loved ones from the complex court process. Whether you’re married, single, or in a long-term relationship, planning allows you to guarantee and ensure that your assets are distributed according to your wishes. For Duvall, a formalized plan could have offered her partner peace of mind during an already difficult time.
At Family Wealth & Legacy Legal Solutions (FWLLS) in Oak Brook, Illinois, we guide our clients through personalized estate planning that minimizes uncertainty and stress for their loved ones. Allowing them to create a personal and customized plan that ensures that their assets will be distributed to who they want, when they want, in the way that they want. More importantly, their loved ones can avoid expensive, long and drawn-out legal cases that will impact them financially, mentally, and emotionally after their gone.
Consider Your Unmarried Partner’s Rights in Your Estate Plan
For couples like Duvall and Gilroy, who spent over 30 years together as a couple, but weren’t legally married, estate planning becomes even more critical. In Illinois, where common-law marriage isn’t recognized, unmarried partners have no automatic right to inherit. This means that without legal documents and a specific plan in place, long-term partners will be excluded from inheriting any part of their deceased partner’s estate. This will inevitably lead to their family members inheriting instead, even if that wasn’t the deceased’s intent. For more details, you can refer to the Illinois statute on intestate succession to determine who would inherit your property if something should happen to you.
At the time of her death, Duvall lived in Texas and was survived by her three brothers and her long-term partner Dan Gilroy. Dan is now fighting for his share of Shelley’s estate. He has to hire attorneys and go to court to prove the existence of a common-law marriage. If he is successful, he will receive one-half of Shelley’s estate, while her brothers will receive the other half (or 1/6 each). If he fails to prove that their relationship met the test under Texas law, he will be entitled to nothing and her brothers will receive everything. Thankfully for Dan, as of August 2024, Shelley’s brothers were not participating in the probate case, nor advocating against his position.
In situations like this, it’s very common for significant others and family members to get entangled in a long, expensive court battle over property that the person who passed away never would have expected, nor envisioned. For instance, let’s imagine that Shelley owned the home that she and Dan lived in for decades. Upon her passing, this home would now become subject to probate and as the sole heirs of her “estate,” her siblings would now become equal owners in the property. They would then be fully within their rights to evict David from his home, have it sold, and split all the proceeds amongst themselves. I can’t imagine that is what someone would want to do to their long-term partner, but it happens more often than you’d imagine.
Estate planning provides a way to document your relationship and secure inheritance rights for your partner, saving them from navigating an expensive and stressful legal process. An estate plan can ensure that your wishes for a partner’s inheritance are honored, even if you aren’t legally married.
Address Mental Health & Capacity in Your Estate Plan
Shelley Duvall’s mental health, including a widely publicized interview with Dr. Phil, may become part of her estate proceedings. Based on reporting, it raised questions about her ability to competently make decisions for herself and her legal “capacity.” Without clear documentation from an estate plan, loved ones may face added challenges if they need to prove a person’s “capacity” or intentions.
Mental health issues can complicate estate matters even more. By creating a plan early and while you are in good health, it will alleviate any question regarding your intentions or ability to competently make decisions while planning. Yet, even after a mental health diagnosis or your mental health being called into question, an experienced estate planning attorney can help you navigate these difficult issues and get a plan in place before it’s too late. Addressing mental health proactively can prevent costly legal battles and ensure a person’s wishes are honored without question.
Protect Your Loved Ones with a Well-Thought-Out Estate Plan
Shelley Duvall’s story serves as a reminder: estate planning isn’t just for the wealthy; it’s for anyone who wants to provide for their loved ones and design the legacy that they wish to leave behind. I’m sure that if Shelley could go back and do things over, that she would have taken the time and made the investment to get her affairs in order, design an estate plan, and provide for her long-term partner. I’m sure that if you asked Dan, he wishes that she did and I’m sure that the investment of time, money, and stress that he will have to now make will pale in comparison to what it would have cost Shelley to formalize a plan when she had the time.
By creating an estate plan, you’re taking steps to protect your loved ones, whether you’re a movie star or not. At Family Wealth & Legacy Legal Solutions in Oak Brook, Illinois, we help families of all backgrounds and levels of wealth create personalized and well-thought-out estate plans that ensure their wishes are respected. We walk them through a comprehensive process and provide them with the education and guidance that they need to make any and all decisions that are relevant to their individual and personal circumstances. From safeguarding an unmarried partner’s rights to mental health considerations, our approach helps secure a smoother transition and provides peace of mind to our clients and their loved ones.
Take the time to protect your loved ones today. Schedule a complimentary 15-minute consultation with us and start building your estate plan. Book a Call | Family, Wealth & Legacy Legal Solutions