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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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91.

Shuffle Demon    

shuffle, i posted a long while back that oksana could go down to the fashion square mall and sit down and play the baby grand piano they have there in the center of the mall, and start singing until the shop owners come out and pay her to stop... and continue to pay her not to come back ..... citing she frightens not only the shoppers, but the shoppers children playing nearby in the play area, the food court losing money by all the nausea caused by her howls and meowing.....

Posted at 2:15 AM on Oct 31, 2010 by wondering

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LMAO... thats probobaly the only extorsion method she hasn't used yet!

hey wondering I am going to send you a reply at the address from you mail o.k....

1432 days ago
92.

wondering    

Sure is I wonder if has a little bit of a drinking problem.

Posted at 2:21 AM on Oct 31, 2010 by hellnurse

well now that he has seemingly replaced herzog as oksana's "putz du jour", drinking sounds like just the tip of the iceberg....

at least he can stop beating his "lil coward", now that oksana has him close at hand...

1432 days ago
93.

igotfleasfromtmz    

So Oksana was behaving out of greed for some imaginary overblown entitlement, to get some attention, and out of spite due to some sense of betrayal.
So she loses money for Lucia and herself. Brilliant.

Posted at 2:24 AM on Oct 31, 2010 by garnet
Do you think she realizes it's really over?

1432 days ago
94.

Ray    

Icon trust created by Mr. and Mrs. Gibson. This is an important aspect of the trust. This shows it was not a one sided affair. If Ms. Oksana put money into the trust I could see her having a valid arguement. The problem is Ms. Oksana has not contributed to a fund that a married couple set up.

A few questions I have are:
How did Ms. Oksana get the 400 million figure?
I have never had a girlfriend ask how much money I have in the trust for my children. This is odd.

If it came down to it, could Mr. Gibson setup the trust where a neutral attorney took care of Lucia's interest in the trust?

1432 days ago
95.

igotfleasfromtmz    

Ah yes the "lil coward" that stands up for Justice!

1432 days ago
96.

Sincerity    

GAME OVER!!! If I'm not mistaken, this clause was part of the mediated child support/custody agreement Greedisana signed in May. Although she's breached this agreement, it doesn't make the terms any less binding for her. Frankly, if the contents of the Icon Trust were so attractive, why did Sorrell Trope kick her "GRIFTING CARCASS" to the curb??? I suspect his firm reviewed the agreement, in question, and determined that it was, in fact, "LEGALLY BINDING". Having it declared "invalid" would be "easier said than done" and very expensive without any guarantees of success. I'm quite sure "Ole Greedy" got paid handsomely for selling those "unauthenticated recordings" to ROL. She can use that to pay her legal bills. Karma is a real mutha! You can't force anyone to give you something you're simply not entitled to. Mel Gibson will take care of Lucia. It's time for Greedisana to "wake up and smell the coffee". Perhaps, a "STINT IN PRISON OR DEPORTATION" will do the trick!!!

1432 days ago
97.

garnet    

I agree shuffle that mel probably will set aside the money for Lucia - i think though not sure that the May agreement had a bank administering the funds even then. I think Lucia will still get money but Oks will definitely lose what Mel was going to give her per the may agreement.

She made money from releasing the recordings anyway.

1432 days ago
98.

wondering    

Posted at 2:24 AM on Oct 31, 2010 by garnet
Do you think she realizes it's really over?

Posted at 2:25 AM on Oct 31, 2010 by hellnurse

to oksana, words like over, done, finished, are words that only belong in fairy tales.... the words she only comprehends is, more, mine, gimme, and phrases like, i deserve it, you owe me, everyone is jealous of me, and your bank account number is what?

1432 days ago
99.

garnet    

Do you think she realizes it's really over?

Posted at 2:25 AM on Oct 31, 2010 by hellnurse
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her team's not really looking confident at the moment in photos and video but that could just be wishful thinking on my part.

1432 days ago
100.

txcn    

What a crock of BS. All those lowers she's hooked up with told her Lucia should have gotten 50 million and then jump ship before they get their share of that? It's more like the Ho went running to all of them and told them Lucia should have got 50 million and when they find out the truth they run like hell. Get what they can and goodbye. The very first set of lawyers already got paid a quarter of a million, wanted another 850,000 but only got another quarter of a million. The other 36 have hefty bills they want paid too no doubt. All except Bloom of course. Won't be much of that 8 million that was ear marked for Lucia left when O and the lawyers are done. Because anything that comes out of Gibson's pockets comes out of Lucia's inheritance in the long run. The lowers will get it all. Ca ching.

This story is more like the extortion charge is a coming. And the defense will be O wasn't trying to extort anyone, she's just a dumb immigrant and all of those lawyers after the mediation (notice how that part of the story changed, it's not the mediation lawyers ganging up on her anymore), lied to her and made her go after more money for Lucia. It wasn't the Ho trying to extort Mel, it was the lowers.

1432 days ago
101.

Swede    

Are´nt there any roles about things like this? How much money the baby has the right to by law? And the same thing for Oks.? I think its strange that the lawyers are fighting about this month after month...

1432 days ago
102.

roz    

Too bad for Mel and Robyn that they still have a child age 10 as he other six children over 18 may have already received their trust distribution. The lawyer who drafted the trust should have been more careful to ask the Gibsons of their intent (which seems to been established for the benefit of their children). If the word AND had be inserted instead of OR (Mel and Robyn instead of Mel or Robyn)and made it crystal clear that this is a trust exclusively for their children then this issue may have been completely avoided.

In the alternative, I can't believe that the lawyer drafting the trust did not include language regarding possible divorce or death of the parents or if other children, outside of their union, were born.

On the face of it, it seems like more sloppy lawyer work.

1432 days ago
103.

igotfleasfromtmz    

There is also a signed co-hab agreement in place. She signed it.
There are issues in it she is trying to overturn.

1432 days ago
104.

Shuffle Demon    

112.
Icon trust created by Mr. and Mrs. Gibson. This is an important aspect of the trust. This shows it was not a one sided affair. If Ms. Oksana put money into the trust I could see her having a valid arguement. The problem is Ms. Oksana has not contributed to a fund that a married couple set up.

A few questions I have are:
How did Ms. Oksana get the 400 million figure?
I have never had a girlfriend ask how much money I have in the trust for my children. This is odd.

If it came down to it, could Mr. Gibson setup the trust where a neutral attorney took care of Lucia's interest in the trust?

Posted at 2:26 AM on Oct 31, 2010 by Ray
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Ray I think she got the figure from the Media... I dont think she really knows what he is worth or what the trust is worth.

Well I think Mel was going to put her in the ICON trust but I think when his buisness people told him about the penalities Lucia would get hit with when it was time for her to collect her money, I think they advised him to set up something seperate.( I dont know where iot is here... but if you look at the draft agre ment do***nets TMZ posted here somehere, it spells out what she was supposed to get)

I think it equalled out to what Mel's kids would get from the trust

1432 days ago
105.

Shuffle Demon    

wondering...email sent..

1432 days ago
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