Egon Spengler Dies, who you Gonna Call: A Trusts and Estates Attorney

*Note: This article contains spoilers

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In the newest installment of the Ghostbusters franchise, Callie, a broke, single mother, finds herself in the small, mining town of Summerville, Oklahoma with her two children, Phoebe and Trevor.  Newly evicted from her apartment, Callie thought her luck had turned around when she received word that her father, from whom she was estranged, had died, and left her property. 

Who was her father? None other than Egon Spengler, a founding member and the brains of the Ghostbusters operation.  

As Callie, Phoebe and Trevor approached the property, they see a barren dirt field, bible verses painted on wood slabs, and an extremely dilapidated farmhouse.  Home sweet home. Or is it?  

Egon’s demise, his absconding with Ghostbuster property, and Callie’s subsequent transformation into Zuul, one of Gozer’s minions, raises the question of who owns Dirt Farm, and the items located on the property. 

Who Died? 

Behind every inheritance—is a dead person. 

Under section 3122 of Oklahoma’s Uniform Determination of Death Act, an individual is dead if they have sustained either 1) irreversible cessation of circulatory and respiratory functions, or 2) irreversible cessation of all functions of the entire brain, including the brain stem. 

Here, Egon became a ghost during the film’s opening scene. One could argue that Egon retained brain function because he continued to offer expert guidance to Phoebe as she, her family and friends worked to defeat Gozer once and for all.  As a ghost, however, he no longer had circulatory or respiratory functions. Since Egon was all ectoplasm and no blood, and he did not require oxygen to sustain himself, he was dead under Oklahoma law. 

Callie, on the other hand, did not die when she became Zuul. Although she was possessed,  her human form remained, along with her brain function, circulatory and respiratory functions.  Once Phoebe captured Zuul in the ghost trap, Callie was freed, and life, quite literally, went on. 

Who Owns What? 

Callie is the rightful recipient of Egon’s property regardless of whether he died intestate, without a will, or had some sort of estate plan that bequeathed his property. 

Egon was unmarried at the time of his death and Callie was his only child.  Therefore, she is the sole heir to his estate.  (Okla. Stat. Ann. tit. 84, § 213.)  Callie, however, mentioned that she was “surprised he left [her] anything,” when speaking to her landlord, which implies that Egon had some sort of estate plan in place.  

In that case, Callie would still be the rightful owner of the property.  The only difference is that instead of being an heir, she would inherit as a beneficiary.  When someone creates a will or a trust, their property passes to the named beneficiaries pursuant to the terms of the document.  (Okla. Stat. Ann. tit. 84, § 301; Okla. Stat. Ann. tit. 84, §§ 41, 301; Okla. Stat. Ann. tit. 60, § 175.2.)  Thus, Callie owns Dirt Farm. 

Though Callie is the sole owner of Dirt Farm, the same cannot be said of the Ectomobile, ghost trap, proton pack, or P.K.E. meter.  During a phone call to Ray Stantz, another founding member of the Ghostbusters, Phoebe learned that the business collapsed when Egon took all the ghostbusting equipment with him to Oklahoma.  A testator may only devise their property.  Because the ghostbusting gear was owned by the business, Egon lacked the authority to unilaterally bequeath it.  If the business were defunct, which was unclear by the end of the film given that the Ghostbusters reunited to vanquish Gozer, each member of the Ghostbusters would have an ownership interest in the property. Therefore, the Ghostbuster equipment belongs entirely to the business, or Callie has only a partial ownership interest. 

What About the Creditors? 

Egon’s friend, Janine Melnitz, informs Callie that there was, “no money,” and “quite a bit of debt,” at the time of his death. 

While beneficiaries are generally not liable for the debts of the decedent, creditors are entitled to repayment from the decedent’s estate.  In this case, there is no money in Egon’s estate to satisfy the debts.  The Court, however, has the authority to order that property, including real property, be sold to satisfy a decedent’s debts.  (Okla. Stat. Ann. tit. 58, § 381.)  Whether the Court would force a sale which would leave Callie, Phoebe, and Trevor homeless, is a topic for another article. Suffice it to say, should creditors seek repayment, Callie would need to secure funds to satisfy any creditor’s claim, or risks losing Dirt Farm in a court-ordered sale. 

Conclusion

In short, Callie inherited Dirt Farm, and likely has a partial interest in the Ghostbusters equipment.  Given she is currently unemployed and characterized by Phoebe as “bad with her money,” how long Callie will keep any of her newfound “wealth” remains an open question.  

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