Another legal battle could be on the horizon as Gene Hackman‘s children wait to learn the details of their father’s last wishes.
Weeks after autopsies on Hackman and his wife, Betsy Arakawa, were completed, it is still unclear if their remains will be buried in New Mexico, where the couple has lived for decades, or transported across state lines.
Hackman’s three children — Christopher, Elizabeth and Leslie — live in California.
Laura Cowan, an award-winning estate planning attorney and the founder of the 2-Hour Lifestyle Lawyer, told DailyMail.com the decision on what happens to the couple’s remains could get tied up in red tape.
‘If his children wanted his remains handled in California, and he left no legally binding burial or cremation instructions, what happens next depends on a combination of state laws, family dynamic and logistics,’ Cowan said.
Actor Gene Hackman and his wife, pianist Betsy Arakawa, married in 1991. The couple left Hollywood and lived a very private life in Santa Fe until their deaths in February
Hackman, who suffered from died about a week after his wife, authorities said.
She continued, ‘If Gene’s children disagree about what should happen to his body, and no written directive exists, things can get complicated. The dispute could end up in court, and a judge would decide based on state law and other factors.’
Police believe the late actor died around February 18 at age 95 from severe heart disease, with advanced Alzheimer’s disease as a ‘significant’ contributing factor.
Investigators with the New Mexico said Arakawa, 64, died a week before Hackman from hantavirus pulmonary syndrome, which is a severe respiratory illness caused by contact with infected rodents.
Their bodies were found on February 26 in their Santa Fe house.
According to documents obtained by DailyMail.com, District Judge Maria Sanchez-Gagne approved Avalon Trust, LLC as a temporary successor at the recommendation of the estate’s representative, Julia Peters.
The actor had left his $80 million Hollywood fortune to his wife, but since she was believed to have died about a week before him, there could be other legal complications.
The actor left his $80 million Hollywood fortune to his wife Betsy, who was a successor trustee to his trust
The couple’s remains were found inside their lavish Santa Fe, New Mexico home
It’s unclear if his three children — son Christopher Allen, 65; and daughters Leslie Anne, 58; and Elizabeth Jean, 62; from his previous marriage to Faye Maltese — were left anything in his will.
Hackman’s family filed a temporary restraining order in Sant Fe court to block the release of the couple’s autopsy reports and photos taken at the home by investigators.
The request was approved by a Santa Fe judge.
Chris Ramirez, spokesperson for the New Mexico medical investigator’s office, refused to comment on whether the remains have been released to Hackman’s family because of the temporary restraining order.
However, Ramirez told DailyMail.com that the medical investigator’s office work closely with families and take into account any cultural customs when burying or transporting remains.
Hackman’s daughter, Elizabeth, Hackman and her daughter, Annie, were recently seen together in Los Angeles. Hackman reportedly kept in touch with Elizabeth and his other daughter, Leslie
‘Generally speaking, we always work with the family or funeral home, or whoever is going to do the body transport to release the remains,’ Ramirez told DailyMail.com. ‘It would not be a general practice to keep remains for longer than we have to.
‘It would be very normal and a common practice for our staff to make arrangements with families or funeral homes. It would be a normal part of our routine to make arrangements with whoever in the family so they can take possession of the body and practice whatever religious or cultural norms and beliefs that they wish to do.’
Transporting remains across state lines is common and legal, but it must be handled by a licensed funeral home or mortuary, Cowan said.
The funeral home in New Mexico would coordinate with a funeral home in California, if that’s what Hackman’s kids decide, Cowan said.
‘Most states have a hierarchy for making decisions if no written instructions are left or if the people nominated are no longer living,’ the attorney added.
‘Since Mr. Hackman’s wife predeceased him, his living adult children would likely be next in line. If they agree, they likely have legal authority to determine how, when, and where he is buried.
Another question remains on who would make decisions regarding Arakawa’s remains.
This undated photo shows Betsy Arakawa with her dogs Zinna, left, and Bear, in Santa Fe. Zinna’s remains were also found in the home. Officials said the dog, who was in a kennel, likely died of dehydration and starvation. The couples two other dogs, including Bear, were found alive
In her will, Arakawa designated her assets to a trust, to be distributed to charitable organizations and the settlement of medical debts.
Arakawa is survived by her 91-year-old mother, Yoshie Feaster, who also is suffering from dementia.
According to Feaster’s housekeeper, Keiko, Arakawa usually checked in with her mom, who lives in Hawaii.
But Arakawa hasn’t called her mom since October, the housekeeper told DailyMail.com exclusively.
‘She talked to a New Mexico policeman the other day,’ Keiko said on February 28. ‘But she has dementia so she forgot already. I feel so sorry for her. She was very upset. But right now she’s kind of normal.’
Cowan said there is a legal hierarchy for who can control the disposition of remains when no written instructions are left.
However, since Arakawa’s only living relative is her mother —and her mother has dementia — she likely lacks the legal capacity to make those decisions.
‘In that case, a close friend or other relative could petition the court for permission to make burial or cremation arrangements,’ Cowan said. ‘Gene Hackman’s children do not automatically have authority over Betsy’s remains, but they may be able to petition for it — especially if no other close relatives are available or willing to do so.’
