LOS ANGELES -- The estate of the late Beach Boy Dennis Wilson should pay his ex-wife $60,000 in support payments, her attorney said in an unusual legal document claiming the singer died because of 'drunk diving.'
Attorney Marvin Mitchelson said Wednesday in his Superior Court filing that Wilson's case is not the usual where support obligations generally terminate upon the death of either party.
The Beach Boy was indulging in 'drunk diving' when he drowned at Marina del Rey late last year, Mitchelson said.
'Just as a drunk driver is responsible to anyone injured, a drunk diver has taken away a valuable property right from Karen Lamm Wilson,' Mitchelson said. He estimated the value of Wilson's estate at between $4 million and $5 million.
A court hearing is scheduled Friday to determine who will handle Wilson's estate.
Under state law a response to the claim must be made within 60 days. If the estate refuses to pay, Mitchelson said he would proceed with a lawsuit.
Wilson had been diving for sea scrap when he died. Toxicological tests showed he had a blood alcohol level of 0.26, more than twice the state's legal standard of intoxication for drunken driving.
Wilson and Karen Lamm were married in 1976 and divorced, then married again in 1978. They divorced again in j1980 and in 1982 entered into a spousal agreement approved by a court.
Wilson agreed to provide his ex-wife with $2,500 a month 'commencing April 1, 1983, and continuing thereafter for a total of 33 months,' or until the death of either party.
She had collected $25,000 at the time of his death, she said.
California law provides that unless there is a written agreement to the contrary, the obligation for support and maintenance shall terminate upon the death of either party.
But Mrs. Wilson said her request for the money is a matter of 'justice,' because she had loaned money to her former husband.
Wilson's will, filed with the court on Jan. 20, 1984, and written in 1977, left Karen Wilson nothing but provided for his three children by former wives and 'any other child of mine who may hereafter be born.'