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Legal battle over famed artist's will

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    Thomas Kinkade's girlfriend in estate fight

  • Duration 5:23
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He's painted beautiful scenes but left behind an ugly drama between his wife and the mistress Thomas Kincaid whose paintings hang.

In one out of every twenty homes in America.

Died on April -- At age 54 of an alcohol and Valium overdose.

He's living girlfriend a -- in so Walsh now within a legal battle with contains an estranged wife.

At issue.

Two handwritten letters that give the mistress huge chunks of the artist's estate doctor sharp Joey Jackson -- Gilbert are still -- those.

Our guys have this guy paint like this when he can't even write a -- I think we have some of those photos that are going up.

Look at that I -- Every one of us got a holiday card or some kind of card witnessing Kincaid painting found.

This guy writes a letter that purports to be -- well that looks like chicken scratched.

All right.

So is this written mess the wilt show.

It could be look at the end of the -- judge what happens here a Willis to effectuate the intent of the party if I want not leave something to someone I care about being a mistress a girlfriend or a wife I have the ability to do that the question LB was it legally proper.

Right and of course there's a going to be an issue was to whether it was witnessed by two parties whether it was signed did they see him sign it at his.

Confidence that's all gonna come out to play but in California does that we witnessed by two parties -- right.

Here's the thing is that this thing is called -- holographic will out there if it's a holographic -- bright bright and it'll be determined hopefully soon.

But Bryan why is it that the that this -- -- that is signed by him.

Is not capable.

But you know being accepted in court.

Well it might ultimately be accepted.

Just at this time it's being litigated in the -- eight point.

Our -- to whether.

That that will ultimately take place will be an issue -- whether it's in his hand and it is actually his will because right now that has been proven yet.

Right okay and what we've got here and -- yet and we got the mistress.

And -- -- -- fighting over ten million dollars in the house of 65 million for the paintings whatever it is.

Mistress tries to get the guy arrested.

For domestic abuse are right she has the health care proxy.

I spoke with her lawyer and he said look if -- the power to pull the plug if he gave it to her.

Why -- people have such a hard time believing that he would -- -- at ten million dollars can't.

Her wonderful point and -- and all the trade ultimately -- this case is going to be front -- incentive to what his intent was what he wanted to how to have what do you get wanted to have.

And you know what she's being really -- Painted as this gold digging person who had no care had no concern and just wants money now the interesting thing judges we know is that because it's confidential arbitration she wants a public -- to tell the world I -- and he loved me this is all mine but.

But why doesn't the -- want the public hearing.

Because maybe it it is that.

It was this true love and as a result of that this is proper he did leave it and that will witches and -- the whole graphics thing is truly -- Accurate -- they're fast but -- to have -- -- one has his judgment he may have had questionable judgment.

But then there's the mental status at the time that he wrote that well that handwriting is really not a Dexter -- -- -- -- painter that zebras I -- Evidence of some kind of incoherence at the time of the writing and and it looks intoxicated to me I would question that he had any kind of competence -- all at.

That's moments scratch -- you know what and Spanish judge the attorneys are gonna have a field day going -- -- process to say exactly what the doctor said you know he has a person who so gifted so talented -- with such beauty.

Now you have a hand written document it's all over the there isn't a straight line on that -- -- Hollywood -- Doctor's prescription you know this isn't like this -- -- -- something this is that -- -- up with a will it doesn't make sense.

Okay so he she got -- have an alcohol and Valium overdose -- -- with never she benefits from his money.

-- -- It you know leave it to you to take that point have you met -- prosecutor as.

As guides but the point is is that that'll be played out of course but ultimately it's his intent and was his intent did he -- her right I know that he has four children is that you know is why didn't -- -- -- her why does he think this statement is Null and void.

If my relationship would -- Pinto.

-- mistress girlfriend and as is defined by -- in the future letter telling you he's Smart.

That's what it tells you like any relationship -- the relationship is over and terminated you don't want them to benefit from your earnings -- may all of you support me I'll support you and it.

And I'm gonna and view not that way but in terms of my financial commitment are.

In my -- paranoia paranoia as a result of alcohol abuse you know he could have been sort of hedging his bets and not really comfortable despite writing that.

When he was toxic.

Well clearly but at the same time it that's an interesting statement it sounds very legal.

You know what I -- it sounds like I'm gonna get myself out of the supply -- and if I need to what does that show judge it shows he's lucid.

It also shows judge says that's probably in his hand and it was his intent because.

If it was a for fraudulent well why would someone put that kind of language and.

-- -- -- -- Not to -- -- Brian thanks for being -- somebody.