(L-R) Jay Leno and wife Mavis Leno are pictured attending an HBO premiere of an exclusive presentation of ‘Billy Crystal 700 Sundays’ on April 17, 2014 at Ray Kurtzman Theater in Los Angeles, California.Photo:Barry King/FilmMagic
Barry King/FilmMagic
Jay Leno’s legal journey for conservatorship over his wifeMavisis dependent on a few factors.
Leno stated in the legal documents that his wife of more than four decades isn’t contesting the establishment of a conservatorship, nor does she prefer another person to act as her conservator. The comedian is also requesting that Mavis not attend the related court hearing as it would be “detrimental to her mental and physical health.”
Breaking down this process and what’s to come, California probate attorneyDavid A. Esquibiastells PEOPLE: “Jay is asking the court for permission, otherwise known as ‘Substituted Judgment,’ to create an estate plan (i.e., likely a trust) for his wife because she did not create one on her own prior to [the] onset of her dementia.”
“If the court approves Jay’s request, he likely will name himself as her beneficiary due to their 40-plus-year marriage,” Esquibias continues. “If the Judge does not grant Jay’s request, then upon his wife’s death, a probate proceeding will be triggered to determine who receives her share of their assets, which is likely to cost the Leno family hundreds of thousands of dollars in unnecessary legal fees.”
(L-R) Jay Leno and wife Mavis Leno are pictured attending the 2012 Vanity Fair Oscar Party at Sunset Tower on February 26, 2012 in West Hollywood, California.Jon Kopaloff/FilmMagic
Jon Kopaloff/FilmMagic
If the petition is granted,David DuFault— a principal attorney at Sodoma Law — tells PEOPLE that Leno “will be responsible for making all decisions based on the scope that the court gives him.”
“Generally, courts like to be as least restrictive as possible,” he explains. “I would guess that given her age, given the idea that there is or appears to be a dementia diagnosis, it could be a very broadly-crafted order that says that the petitioner has authority to make all kinds of decisions for her, which could be dealing with financial assets, selling real property, making decisions about beneficiary designations.”
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As for the timeline of conservatorship’s approval or denial, DuFault says it “depends.”
“If it’s contested, it could take a while,” he explains. “If there’s not a lot of dispute, if the evidence is there, that she is maybe slipping or is losing some of the capacity, and it’s not being challenged, it probably could happen pretty quickly.”
source: people.com
