A judge dashed the hopes of the last two people seeking a share of Hugh O’Brian’s estate by claiming they are children of the late actor.
Los Angeles Superior Court Judge Elizabeth Lippitt ruled Monday that Kimberly Rallo and Adam Ross did not provide facts showing O’Brian omitted them from his trust solely because he was unaware of their birth.
“The plain language of the trust states that (O’Brian) intentionally chose not to leave any part of his estate to any child or potential child,” Lippitt wrote in the Rallo ruling.
Lippitt heard arguments on the Rallo and Ross petitions April 10 and then took them under submission.
On Jan. 18, Judge Barbara Johnson dealt a similar blow to petitioner James Venverloh’s hopes when she ruled that because he admitted O’Brian knew of his birth and alleged biological relationship when the actor created his trust, the petitioner could not claim to have been an unintentionally omitted.
In her court papers seeking dismissal of Venverloh’s petition, O’Brian’s widow, Virginia O’Brian, stated that her husband “went out of his way to specifically disinherit Venverloh by name.”
Rallo claimed that her mother, Carol Ann Schaeffer, dated “The Life and Legend of Wyatt Earp” actor from January 1962 to February 1963. Rallo was born on Aug. 31, 1963, and O’Brian paid the doctor who delivered her for his services, her petition stated.
Ross, 49, who is a San Francisco-based attorney, previously said he believes he is the youngest of the three claimants, who have all been in contact with each other and have different mothers.
Like Rallo, Ross said he was willing to give DNA evidence to prove his claims. In their petitions, the three claimants maintained they are entitled to a share of O’Brian’s estate equal in value to what they would have received had the actor died without a trust.
O’Brian died Sept. 5, 2016, at age 91 at his Beverly Hills home.
The actor’s widow contested all of the petitioners’ claims.
“(O’Brian) did not fail to provide for petitioners because he was oblivious of their existence,” Virginia O’Brian stated in her court papers. “Rather, he explicitly declared his intent for them to share in no part of his estate.”
In addition, the actor stated “in no uncertain terms that he intentionally provided nothing to any biological child that might be living at the date of his death” regardless of any DNA evidence they “may or may not show,” according to the court papers filed by his widow, who married him in June 2006 when he was 81 years old.
“The Life and Legend of Wyatt Earp” aired on ABC from 1955-61.
In 1958, O’Brian created the Hugh O’Brian Youth Leadership Foundation, a nonprofit youth leadership development program for high school scholars that has sponsored more than 400,000 students since he founded the program.
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