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What Oksana and Mel Are Really Fighting Over

10/31/2010 2:30 PM PDT BY TMZ STAFF

The real fight between Oksana Grigorieva and Mel Gibson may not be about child custody at all ... we've learned the various lawyers who have been repping Oksana have been focused on a legal document created long before Lucia was born.

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TMZ was first to report the problem with the Icon Trust -- created by Mel and Robyn to provide for their seven children. The trust defines "issue" (aka children) as kids born from Mel or Robyn. When it was drafted, no one thought Mel or Robyn would have a child outside the marriage. Enter Oksana.

Sources connected with Mel and Robyn say no one in their family wants to screw Lucia out of her inheritance, but if she becomes a beneficiary in Mel's trust it would create some complicated tax issues.

So when Oksana and Mel broke up and struck a settlement deal during the mediation in May, the very first term reads, "Oksana consents to amendment of Icon Trust to exclude Lucia."

In return for excluding Lucia, Mel agreed to provide a financial package for the baby worth more than $8 million.

Sounds like a sweet deal. So why did Oksana disavow the mediation she signed? We're told the lawyers Oksana hooked up with after the mediation believed Lucia got royally screwed by giving up an interest in the trust. They told Oksana that Lucia would stand to get around $50 million under the trust agreement ... which they believe represents 1/8 the value of a $400,000,000 trust.

Sources connected with Gibson tell us the money in the trust is not even in the universe of $400,000,000 ... not remotely close.

But here's the deal. If Oksana's lawyers persist and Mel settles out of court, the attorney would get a percentage of the settlement. So they've convinced Oksana there's something in it for her ... and there's something in it for them.

1097 COMMENTS

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1006.

emerald    

KoalaBabe LOL!! Oh yeah, no women allowed, competition lol!!
Btw You're making me hungry with the maple syrup, I just fancy some pancakes, maple syrup and a dollop of ice cream lol!! I have my stuffed Koala bear sitting next to the laptop actually lol, got that one in San Fransico lol!! My cousin who was visiting our relatives in Australia brought me back a massive jar of Vegemite, I know you either love it or hate it but I love it lol!!

1352 days ago
1007.

angeleyes    

@emerald - Whoever was advising Oksana after the mediated settlement - and perhaps is was GA - gave her bad advise - As yes now she is only entitled to child support and nothing else - If, or when Mel decides to gift anything to Lucia will be his choice - it is not a given that any entitlement is attached to the birth of a child - Some estates are left entirely to charities with no provisions for relatives and it's perfectly legal - Most have a legal and binding provision that if anyone challenges the Will they are automatically excluded.

We do not know the terms or how the Icon Trust was structured but I can assume Mel is following the legal advise he's been given. It is possible that some of his adult children are already receiving some benefits.

1352 days ago
1008.

KoalaBabe    

1026.

KoalaBabe LOL!! Oh yeah, no women allowed, competition lol!!
Btw You're making me hungry with the maple syrup, I just fancy some pancakes, maple syrup and a dollop of ice cream lol!! I have my stuffed Koala bear sitting next to the laptop actually lol, got that one in San Fransico lol!! My cousin who was visiting our relatives in Australia brought me back a massive jar of Vegemite, I know you either love it or hate it but I love it lol!!

Posted at 8:07 PM on Oct 31, 2010 by emerald

My idea of great pancake: filled it with can fruit salad, then whipped cream, fold it and smothered with maple syrup "heaven"


about vegemite: for better taste, butter your bread, toast, crackers then spread some vegemite really thinly.
It's rich in vitamins actually is has vitamin B12.

1352 days ago
1009.

KoalaBabe    

Sam!!! did you leave us without saying goodbye? :(

1352 days ago
1010.

emerald    

angeleyes I think there was a link here a while ago that said Robyn Gibson set up the trusts for the kids as she is 50% owner of Icon and as part of the divorce she wanted to make sure the kids were taken care of! But I agree entirely, if Mel after the divorce settlement was made wanted to give all his money to charity or the church nobody can stop him, it's his earnings, as long as he pays his child support that's all that matters lol!! While I understand what you say about challenging wills, you only have to look at the recent, say few years, celeb deaths where the proviso's in the will have been disputed by the kids or family inheriting!

1352 days ago
1011.

KoalaBabe    

http://news.ninemsn.com.au/world/8116386/naked-man-arrested-for-wifes-murder

This dude must have lost it, sad they only married for a week.

1352 days ago
1012.

KoalaBabe    

two weeks actually lol typo again.

1352 days ago
1013.

Just Saying    

IA-
You're a gullible novice. And nothing you've ever said leads me to believe that you have a Ph.D.! Isn't spending time with your children more fascinating and rewarding than jumping in a muddy ditch with team mel? If no, poor husband!

Posted at 7:50 PM on Oct 31, 2010 by Scotty
=======================================================


what's the matter, scooty? Your hand puppets got tired of playing with you? here, let me make you a mud pie. You know by being here, you are in the muddy ditch right along with us....

Posted at 7:54 PM on Oct 31, 2010 by Shell

Hahahahah. Scotty is ****ty that Mel posters are here "all night and day" and poor Scotty the paid (or more likely unpaid but promised Mel's millions poster) has to keep up and use up all of his "precious" time trying to rebut the multitude and crush of pro-Mel posters -- like salmon trying to swim upstream. I actually swore off Mel and Oks for a while but couldn't resist seeing the likes of Scotty get baited by the much more intelligent and knowledgeable pro-Mel/anti-ox posters.

1352 days ago
1014.

KoalaBabe    

Emerald what Mel gave to his church probably tax donations, he can claimed back some of that if he has a valid receipt. Lucia is ongoing responsibility of Mel till she turned 18 plus her possible inheritance, I don't know why Oksana making a big deal of it. After all she haven't contributed a cent to Mel and Robyn wealth, she just take take take and take. Wasting more of it for her PR and "lowers"

1352 days ago
1015.

emerald    

KoalaBabe Thanks for the link lol!! Where did he hide the gun, he was naked lol!! That must have been one hell of a Halloween fight!

I love my vegemite on buttered toast, but sometimes I'm naughty and add a slice of cheese, emmental or gouda lol!!

1352 days ago
1016.

kali    

So who were all the guests? Lowers & associates?

1352 days ago
1017.

angeleyes    

Yes emerald it's often the case that someone will try and challenge the Will - but they do it at their own expense - after all some shady lawyers will try anything to get their percentage of something - But I also note that I haven't seen a case where they have been successful -

If a Will or Trust is properly well written by a competent lawyer and is being administered at arms length by let's say a bank Trustee - the judge will likely take into account how Greed comes into the picture and not allow the claimants anything and rule against the claim. They end up having to pay their lawyers in any case.

1352 days ago
1018.

Shuffle Demon    

Pray for mel/ me/ Team Lucia /Scotty is still all upset because Mel said the Jews killed Jesus in The Passion of The Christ.... So she isn' too concerned with the facts and Just likes to pout about her life at the trailer park, and the fact that because of her deep psychological problems has made her an outcast at the trailer park...Now Scotty... you get your crayons and go join the rest of the people at group.....off you go now...

1352 days ago
1019.

emerald    

KB Oh yeah, all celebs and millionaires who give to charity (even if for a good reason) give more in order to get tax credit for it - we see it and go "Wow, million dollar donation, cool", they're not hurting because it's tax deductable lol!! Though I still like to believe that some do so with a good heart and not just a financial one lol!!

1352 days ago
1020.

Shuffle Demon    

1017.
IA-
You're a gullible novice. And nothing you've ever said leads me to believe that you have a Ph.D.! Isn't spending time with your children more fascinating and rewarding than jumping in a muddy ditch with team mel? If no, poor husband!

Posted at 7:50 PM on Oct 31, 2010 by Scotty
=======================================================


what's the matter, scooty? Your hand puppets got tired of playing with you? here, let me make you a mud pie. You know by being here, you are in the muddy ditch right along with us....

Posted at 7:54 PM on Oct 31, 2010 by Shell
---------------------------------------------------
LMAO... Shell...too funny

1352 days ago
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