Local Law Firms Home > Probate Law News > Battle for Estate of Thomas Kinkade Battle for Estate of Thomas Kinkade Throughout the life of Thomas Kinkade, he painted various scenes of cottages, gardens, and other related scenes in his art. Thomas’ wife, Nanette Kinkade, is stuck in the midst of a large argument with Thomas’ girlfriend, Amy Pinto, who was living with Thomas up to the point of his death. Amy, has since claimed ownership of the family home, $10 million dollars in cash, and rights to the Thomas’ pre-existing legacy. The drama surrounding the deceased painter, has since been move to court. The case, which is currently still pending, has to do with a lot of money, and two women who are not exactly fond of each other says California attorney Douglas W. Dal Cielo. The wife and the girlfriend have both applied for probate. This is a process where a court determines whether a will is valid, and dictates where the assets are distributed. The living trust, unlike a will, is not a public document. It contains the majority of the assets that Thomas himself left behind. The trust includes original artwork, intellectual rights and shares in his own business. Holographic, and other wills of the sort are invalid in half of the states, although they are sometimes most common in situations involving seemingly fast deaths. An example being in California, where the will has to be completely written in the individual's own handwriting, as well with a written signature. Depending on whether or not the court agrees, the troublesome burden of proof will be handed to the Kinkade’s family to come up with two common grounds for the will. An excerpt of the will states, "I, Thomas Kinkade, being of sound mind and body do hereby bequeath to Amy Pinto Walsh $10,000,000 in cash from my corporate policy and I give her the house at 16324 and 16342 Ridgecrest Avenue for her security.' If the document’s validity is proven, Amy Pinto is still not fully entitled to the artist’s assets. This is because the holograph is referring to over $10 million dollars from an insurance policy and that does not fall under a living trust or a will. Though it is unlikely that his girlfriend will prevail in this situation, there are times when a court can rule otherwise. It can never hurt to contact an experienced attorney for assistance with probate and estate wills in the event a dispute arises. Did you know? |