Paulina Porizkova, the estranged widow of late Cars frontman Ric Ocasek, has hired a lawyer to represent her in his estate case — a move that experts say could point to a battle for her share of his fortune.
In papers filed Thursday, Porizkova — whom the musician cut out of his will because he said she “abandoned” him — said that she authorizes lawyer Linda Wank “to appear and act for me in the above entitled proceeding and to protect my interests in the premises.”
Experts say Porizkova has a strong case to fight for an automatic one-third share of Ocasek’s estate as any spouse is entitled to under New York law, despite what his will said. In addition, she could also choose to fight the validity of the entire will, the experts say.
“What she has done is thrown her hat in the ring, saying, ‘I’m going to investigate whether this is a good will,’” New York trusts and estates lawyer John Morken explained.
“Regardless of what the will says — unless there is an abandonment — the spouse has a right to an elective share,” Morken said.
Documents accompanying the will said Ocasek had $5.115 million in copyrights, personal property and cash. But that figure wouldn’t include any money he had placed in trusts.
Apart from Porizkova’s lawyer entering into the case, “she can file a notice of election even if it’s a good will, claiming one-third of the estate,” Morken explained.
“If there was an abandonment, she is not going to get her elective share. But that’s a steep burden to prove,” Morken added.
Another New York trusts and estates lawyer said, “In my opinion, she is going to get something.”
“The will says that she abandoned him. Clearly that doesn’t seem to be the case since she was bringing him coffee the day he died,” the lawyer added.
The new wave rock star died of natural causes at the age of 75 in his Gramercy Park apartment Sept. 15.
A lifeless Ocasek — who had been recovering from surgery — was discovered by Porizkova as she was bringing him coffee that Sunday morning.
The lawyer explained that Porizkova’s attorney entering the case doesn’t necessarily mean she will contest it or seek her automatic election, though “she’s got an interest in the estate that she needs to be represented in and her rights protected.”
Another expert, Scott Rahn, a trusts and estates lawyer, said, “I think her notice of appearance indicates that she intends to fight for what she believes are her rights to Ric’s estate.”
“She has several viable claims. By her appearance, it seems she’s intent to pursue them. I think this is far from over,” Rahn said.
Porizkova posted a photo — after reports of the will surfaced — of her, Ric and their two sons with the caption, “I’ve known about the will since the day after Ric passed. All you have heard from me since- is inspite [sic] of that. #loveneverdies.”
She responded to a comment to the post asking her why Ocasek felt abandoned. Porizkova responded, “he didn’t.”
“The fact that she knew about the will doesn’t change anything, doesn’t mean that [the will is] viable. It certainly doesn’t change her rights under New York law,” Rahn added.
“What she intends to do in the proceedings we don’t know, but it wouldn’t be an off-the-wall assumption that she may contest the clause that seeks to disinherit her or deny her the right to the forced share of the estate,” said trusts and estates lawyer Amanda DiChello.
Wank did not return requests for comment.