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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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106.

Shuffle Demon    

121.
There is also a signed co-hab agreement in place. She signed it.
There are issues in it she is trying to overturn.

Posted at 2:36 AM on Oct 31, 2010 by hellnurse
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Yes, I recall the co-hab agreement, I think she signed that way early on when they were dating or something didnt she?

1351 days ago
107.

igotfleasfromtmz    

Yes she did, I was just reading it and it is clear he had no intention of supporting her.

1351 days ago
108.

igotfleasfromtmz    

also states if he died she had to vacate

1351 days ago
109.

Shuffle Demon    

108.
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
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I don't think Lucia will lose a dime garnet...I think Mel is too classy a guy to make her suffer cause of OxSanity, but I think he will m ake sure her mommy cant get at it thou...OxSanity however will lose any money she would have gotten in that agreement...

1351 days ago
110.

Shuffle Demon    

125.
Yes she did, I was just reading it and it is clear he had no intention of supporting her.

Posted at 2:47 AM on Oct 31, 2010 by hellnurse
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smart man... lol.. either he saw that right away or it was a balnket agreement.. I am going to guess the first one...

1351 days ago
111.

wondering    

shuffle, received and replied hehehe

1351 days ago
112.

diogenes    

Oksana refusal to listen legal advice made this situation bad, but the involvement of Horowitz has made it a farce. Horowitz drove Trope away, Jacobs left, What did Bloom see or find out to make her run away?

1351 days ago
113.

Sue Donohue    

I knew it!!!!!! You are absolutely right when you say greed, and it's by her and her lawyers. She's just as bad as them because if she wasn't so greedy she wouldn't have the world hating her and also she would have lived a very very comfortable life. Anyway, I still think she planned it from the word go.

1351 days ago
114.

Swede    

I guess Oks.will chase her daughter when she is grown up, trying to have some of that money.

1351 days ago
115.

janet    

How much can you use a baby. Enough already.

1351 days ago
116.

garnet    

I agree, Shuffle. I don't think Mel will let Lucia lose money - just won't go through Oksana.

1351 days ago
117.

Shuffle Demon    

And a reply back your way wondering =)

1351 days ago
118.

Shuffle Demon    

Hi ya Swede...well lets Hope Lucia is way too smart to let mommy get near it..

1351 days ago
119.

wondering    

And a reply back your way wondering =)

Posted at 3:09 AM on Oct 31, 2010 by Shuffle Demon

ditto hahahah

1351 days ago
120.

Shuffle Demon    

134.
I agree, Shuffle. I don't think Mel will let Lucia lose money - just won't go through Oksana.

Posted at 3:08 AM on Oct 31, 2010 by garnet
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Lets hope not or poor Lucia will be going to the bank and the guy at the bank will be the guy from the Monopoly game with his pockets turned out!

1351 days ago
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