Anne Heche's ex James Tupper and son Homer face off in hearing over her estate

The battle for control of Anne Heche's estate continues.

On Tuesday, the two sons of the Six Days Seven Nights star had a hearing before Los Angles Superior Court Judge Lee R. Bogdanoff in the ongoing dispute over who will oversee the distribution of her assets. Heche, who died from injuries sustained in a fiery car crash in August, had no will. At stake is an estimated $400,000 the actress had at the time of her death, new court documents show, as well as future earnings.

Heche's ex-partner and Men in Trees co-star James Tupper attended the proceedings with their 13-year-old son, Atlas Tupper, while 20-year-old Homer Laffoon, Heche's son from her marriage to Coley Laffoon, appeared virtually. Homer, as Heche's eldest heir, filed a petition in August to be executor of the estate, but James has been fighting it, claiming Heche named him executor in an unfiled will from 2011. James has also claimed Homer isn't suitable for the job, and doesn't have his half-brother's interests at heart.

The judge ruled after a heated 15-minute hearing that Homer will continue to oversee the estate — for now. While James provided "earnest" testimony, court papers show, there wasn't a compelling reason he should be "denied in favor of someone else having a lower priority." Further, James's petition to be named Atlas's guardian ad litem was denied. (A guardian ad litem, also known as a GAL, is an attorney is appointed by the court to look out for someone's best interests during a legal case — in the case a minor child.)

The judge urged both sides — Homer and James's on behalf of Atlas — to better "communicate" with one another, noting, "sometimes, a lack of communication creates unnecessary suspicions."

James had claimed that Homer changed the locks on Heche's L.A. rental apartment, where Atlas resided with his mother, and the teen was unable to get his belongings, including a laptop and personal effects, since August. Atlas's attorney, Christopher Johnson, said Homer was noncommunicative and unresponsive to texts asking for access. Homer's attorney, Bryan Phipps, said that was because an inventory of Heche's property was being done. The court made it clear that Atlas is authorized to pick up his belongings at the apartment.

James has pointed to the fact that Homer doesn't have a job and is only 20 years old as two of the reasons why he shouldn't serve as administrator of the estate. However, the judge said to Johnson on Tuesday, per People magazine, "Sir, in California if you're illiterate you can be an administrator. OK? If you can't read, you've never gone to college, you can be an administrator. OK? The fact that he may be Generation Z or whatever, or maybe he's a chill guy, that doesn't disqualify him. Maybe he's not the greatest communicator, that doesn't disqualify him. None of it does."

The judge reportedly grew more short with the argument, telling Johnson he was wasting the court's time. "We're not here to pick like the best person. I'm here to decide if [Homer's] qualified, or disqualified," the judge said.

Bogdanoff also took issue with James's body movements during the hearing, demanding to know at one point, "Why are you shaking your head? It's very disrespectful. Don't shake your head at me — ever if you're going to appear again. Please take your hands out of your pockets, sir. You wanna say something?" James told the judge he didn't think Homer would look out for Atlas and was currently treating him like they're "enemies." He said a neutral party should be brought in to mediate and expressed worry the brothers' relationship could be permanently ruined.

The same news outlet noted that Atlas, who stood by James's side during the hearing and stayed quiet, appeared "to be very sad."

The next court hearing will be on Nov. 30.

After the hearing, Phipps said in a statement to People, "We are pleased — but not surprised — with the court’s ruling this morning denying James’ petition to appoint himself guardian ad litem for Atlas. We look forward to the court resolving Homer’s petition at the next hearing and, in the meantime, Homer will continue to diligently administer the Estate pursuant to his authority as Special Administrator."

In other court papers filed in the case, Homer stated that his estimate of the value of all of Heche's personal property is $400,000. Heche — who had been a working actress since the 1980s, also appearing in the movies Donnie Brasco, Volcano and Wag the Dog — "did not have any interests in real property at the time of her death." What she did have was a "a few modest bank accounts," received royalty payments for her work and had a stake in her Better Together podcast. There is also the matter of future profits from her forthcoming book, Call Me Anne, a 140-page memoir which will be released Jan. 24, 2023.

On Aug. 5, Heche crashed her car into a house in the Mar Vista neighborhood of L.A. — a fire erupted and she was critically injured. Blood tests showed the 53-year-old had narcotics in her system. She was declared brain-dead on Aug. 11 was removed from life support on Aug. 14. According to the medical examiner's official report, she died of inhalation, thermal injuries and a sternal fracture due to blunt trauma.

Heche most famously dated Ellen DeGeneres, but after that romance ended in 2000, she started dating cameraman Coley Laffoon. The pair were married in 2001 and had Homer in 2002 before they split in 2007. Heche started seeing her Men in Trees co-star James in 2007 and they had Atlas in 2009 before splitting in 2018.