The father and son of Anne Heche, are battling for power.

– James Tupper, Anne Heche's ex, and Homer Laffoon, the actress's older son, have petitioned the court to be appointed executor of the late actress' estate.

Tupper is asserting that Heche appointed him executor in 2011 after Laffoon submitted the petition 

– In court to decide who controls the late actress's inheritance are her son Homer Laffoon and her former husband James Tupper.

– Heche's 20-year-old son with ex-partner Coley Laffoon allegedly petitioned for official designation.

– As Heche's executor in late August, claiming she died without a will. 

– Documents obtained by PEOPLE show that this is the case.But according to a recent document from Tupper.

– which PEOPLE also received, Heche did have a will and had appointed him as her executor more than ten years prior. 

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