As a seasoned attorney with decades of experience under my belt, I must say that this case is as intriguing as it is heart-wrenching. The Robertson family saga seems to be a modern-day soap opera, filled with twists and turns that would make even the most talented screenwriters green with envy.
On a drizzly November 15, 2023, a select number of notable figures in the music and film industry convened at The Village Recorder, a renowned studio situated within an ancient Masonic temple in West L.A., where iconic works such as Fleetwood Mac’s “Tusk” and Snoop Dogg’s “Doggystyle” were previously produced.
Included in the gathering were Leonardo DiCaprio, Martin Scorsese, Lily Gladstone, Joni Mitchell, and Jackson Browne. They convened to honor the life of Robbie Robertson, a renowned musician known for being The Band’s lead vocalist, a successful solo artist, and a film score composer who considered the studio as his second home. Sadly, Robertson passed away three months prior, after a tough fight with prostate cancer that had returned aggressively in 2022 and spread to his spinal cord and brain. He was 80 years old.
Martin Scorsese, who has been a longtime collaborator with Robertson, presided over the memorial. There, he emotionally expressed his bond with Robertson. Notably, Scorsese directed the groundbreaking 1978 rockumentary, The Last Waltz, which showcased The Band’s 1976 farewell concert. Later on, Robertson often served as Scorsese’s music producer for films such as Casino, Gangs of New York and The Wolf of Wall Street.
As a devoted admirer, I’d like to highlight that my last joint work was the enchanting score for Scorsese’s 2023 masterpiece, “Killers of the Flower Moon.” This project held a profound personal significance for me, given my Indigenous roots. Born on July 5, 1943, in Toronto, I trace my ancestry to a mother who was both Cayuga and Mohawk, residing on the Six Nations Reserve prior to my birth. This remarkable score garnered me an Oscar nomination among the film’s ten. A moving tribute to this composition took place at the Village Recorder, where it was performed alongside timeless Band hits like “The Weight” and “The Night They Drove Old Dixie Down.”
The attendees wouldn’t have noticed a cool breeze. However, Robertson’s three offspring, Alexandra (56), Delphine (54), and Sebastian (50), felt it immediately. This sensation occurred as soon as they laid eyes on Janet Zuccarini, a captivating and ambitious restaurateur from Toronto, who was their stepmother, though their relationship was relatively new since they had only been married for five months prior to Robertson’s demise in March.
The kids assert they didn’t know about the wedding; rather, they thought they were invited to a dinner marking the couple’s fifth dating anniversary. However, when they reached Robbie and Janet’s house on Crest Street, overlooking the Beverly Hills Hotel, they discovered the secret: They had gotten married in a private home ceremony that very day.
In a shared Zoom conversation with her siblings, who were all speaking from homes scattered across Los Angeles, Alexandra expressed, “That was most likely the first significant warning sign.” She pointed out that the couple had never mentioned marriage before. However, Zuccarini, who declined to comment for this article, refutes this account in her lawsuits, stating that the children were informed about the wedding plans.
In my own words, here’s how I might rephrase it: “I learned from Alexandra that her father had recently been informed that his medical trial had unfortunately not succeeded. He was battling stage 4 prostate cancer and was deeply depressed. To make matters worse, they announced that he had gotten married. At that moment, my mind was filled with alarms – but all we could do was raise a glass.”
Up until now, everything appeared wonderful. Zuccarini brought immense joy to their father, a fact he expressed repeatedly, though it was evident just by observing the blissful couple. Robertson often reminded others that “what’s mine is mine; what’s yours is yours” when discussing the children’s inheritance. The children claim that Zuccarini informed Robertson that her restaurant empire, encompassing Felix Trattoria on Abbot Kinney and the venue that revitalized chef Evan Funke’s career, was worth over $100 million. She allegedly had no interest in Robertson’s estate, which he had always planned to pass down to his children.
After his passing, it was revealed that the details of the legal agreement between the couple became clearer over time. Specifically, Zuccarini demanded, as stipulated in a contract signed by Robertson in March 2023, for his estate (now managed by his children) to carry on with their agreed-upon payments for the property they jointly purchased in 2021.
Back in 1973, I struck up a friendship with the legendary David Geffen at a party in his Hollywood Hills abode. Fast forward to today, it’s me who now owns that stunning four-bedroom modernist house, designed by Paul Laszlo in 1947 and given a contemporary touch by Thornton M. Abelt. Can you believe it was Geffen who once called this place his own? That’s right, the same Geffen I befriended all those years ago!
The house cost $6 million, but due to COVID-19, Zuccarini was short on cash since her restaurant profits had decreased in early 2021. Therefore, Robbie decided to cover the full $1.8 million down payment using funds from the sale of his old home. Robertson planned to offset this by making smaller mortgage payments until both he and Zuccarini contributed an equal amount towards the house purchase.
Following Robertson’s demise, there remained a mortgage balance of $1.2 million on his share, and additional monthly expenses like garden maintenance, security, insurance, property taxes, groceries, and household items amounted to approximately $50,000 per month. This substantial sum poses a challenge for the three children, who work in music production and administration and have relatively low salaries. They had anticipated receiving a larger inheritance from their father’s estate, especially after he sold his publishing catalog for $25 million in 2022. However, the actual inheritance fell within the lower range of seven figures.
According to their prenuptial agreement, which consists of an initial contract and a later amendment focusing on their “Tenant in Common” (TIC) property arrangement detailing each party’s financial responsibilities, Zuccarini has the right to reside in the house until her passing. In this scenario, the Robertson estate would be required to cover the monthly expenses as long as she remains in the house. Considering Zuccarini’s good health and active lifestyle (she plays tennis weekly), it was calculated that their future payments to her could amount to over $7 million. This calculation led them to believe they had received an unfavorable inheritance.
They strongly believe their father’s state of mind was severely impaired due to a mix of potent painkillers such as Oxycodone, methadone, Zofran for nausea, and Olanzapine to stimulate appetite, rendering him incapable of fully grasping the implications when he signed the revised TIC agreement. According to them, upon his demise, it was assumed that either his estate or Zuccarini could buy out the other’s share; if not, both parties would sell the property and divide the earnings equally – this was their understanding. The idea of her continuing to reside there indefinitely while they covered half the expenses was never an option discussed.
However, according to Zuccarini, Robertson fully understood the agreement and deliberately sought a way to keep their cherished home, without any future rise in monthly expenses, for as much time as desired.
After some tense conversations, the two sides seemingly came to an impasse.
A few days before the Village Recorder memorial service, Alexandra contacted Zuccarini. “I had been traveling for about five weeks, to Toronto and Italy, and I had just returned,” Alexandra reminisced. “I asked if my siblings and I could go through some of my father’s belongings.” She was told, in essence, ‘No, not yet. Not until this matter is resolved. I’ll gather a few things for you.’ This response left me stunned by its harshness and lack of empathy.”
At the memorial service, the Robertson kids attempted to reconcile things. “I encouraged them to greet Janet,” Alexandra explains, using her teenage children as an example. “They did as instructed and greeted her. However, Janet seemed to ignore them completely.”
Delphine comments, “We aimed to remain friendly and inviting. I moved closer to give her a hug, and was on the verge of asking her to join us for Thanksgiving. However, after everything we’d experienced together, it felt wrong somehow. And then, something held me back. The very next day, we received notice of the lawsuit.”
The dispute she’s mentioning revolves around a probate court case filed by someone who aimed to recoup unpaid amounts, such as Robertson’s cremation costs, death certificate fee, and bills for flowers and catering (all supplied by Felix) for a home memorial. Interestingly, the children not only refuse to pay these debts, they countered with their own lawsuit accusing elder abuse and trying to nullify the rental agreement. Matters escalated when Zuccarini took further action, filing another suit asserting she has legal rights as an omitted spouse, thereby entitling her to a third of Robertson’s estate. This claim encompasses assets in his trust (usually protected during probate), such as his share from the sale of his music catalog, ownership of his intellectual property and likeness, and income from his work on Killers of the Flower Moon.
“Janet Zuccarini is portrayed as anything but a loving and devoted wife to Robbie in some accounts, according to her lawyers Gabrielle Vidal and David Grossman. They believe this depiction stems from the children’s desire for more than their fair share. In June, Zuccarini also filed a lawsuit against David Jackel, the estate executor, and Adriane Hibbert, head of Robertson’s trust, alleging breach of contract.”
The matter of Robertson v. Zuccarini has thus snowballed from a family disagreement into an estate battle royale, with crisscrossing lawsuits and flying accusations of avarice and elder abuse. It entangles A-listers from the highest echelons of Hollywood’s music, film and food spheres.
It is all-out war.
***
Born in Toronto, Zuccarini was the third daughter of Giacomo Zuccarini, Canada’s pioneer importer of espresso machines, who hailed from Italy. Her fascination with cinema led her to spend her twenties residing in Rome, where she worked as a casting agent at Cinecittà, an iconic film studio that produced masterpieces ranging from “La Dolce Vita” to “The Passion of the Christ.” Apart from this, she supplemented her income by teaching Italian film directors English and taking on occasional acting roles in films such as “The Godfather Part III.”
In the mid-1990s, upon her return to Toronto, she decided to put her savings into a popular café named Café Nervosa. Now, she owns ten establishments spread across Toronto, all managed under the Gusto 54 restaurant group umbrella.
In 2017, her initial venture into Los Angeles’ highly competitive dining world was Felix Trattoria. This led to Funke becoming a well-known chef, known for her charming Italian culinary skills, effectively taking over the role previously held by Mario Batali, who stepped aside that year due to allegations during the #MeToo movement.
When Zuccarini recruited him, Funke was experiencing a rough patch. He had parted ways with Bucato in Culver City back in 2015 following a high-profile fallout with the restaurant’s owner, an incident that unfortunately led to its closure later that year. However, this past experience didn’t deter Zuccarini, who appreciated Funke’s ability to creatively reinvent traditional Italian cuisine.
“In a 2023 Toronto Life profile, Zuccarini expressed his preference for collaborating with individuals who are exceptionally skilled but have faced some obstacles. He noted that they return to their work with renewed determination. Convincing Funke to join her at Felix by presenting a ‘pasta lab’ concept, she managed to persuade him. Felix, the restaurant, quickly became a sensation, garnering praises from critics and booking up its 243 seats weeks ahead.”
In 2017, Zuccarini crossed paths with Robertson at an event hosted by Michael Budman, co-founder of Roots Canada, for his wife’s birthday. Although Zuccarini had some familiarity with the well-known musician, hailing from Toronto, she wasn’t particularly a devotee. (Robertson was two decades her senior, having achieved heartthrob rock star status long before Zuccarini was even a teenager.) However, Robertson was immediately captivated by this attractive, intelligent, self-made woman who had built an impressive restaurant empire and was known for her appearances as a judge on Top Chef Canada television show.
“Robertson mentioned to Toronto Life, ‘I assumed she might not be interested in me,’ but it turned out she was. Their relationship blossomed amidst an exclusive, fairytale setting – dining at Michelin-starred restaurants, traveling on private jets, and sailing aboard Geffen’s $400 million yacht. Felix Trattoria, on the other hand, enjoyed the benefits of her rising status. Scorsese and DiCaprio, as well as Al Pacino, Robert De Niro, and other high-profile individuals from Robertson’s circle, were among its frequent visitors.”
As a fan looking back, I can say that the Robertson kids warmly welcomed their dad’s new love. “She was terrific,” Alexandra recalls. “We couldn’t have been more delighted when he suggested we get to know her better. It was unmistakable that we wholeheartedly accepted her into our family circle. She felt like she belonged, and she radiated depth and substance. We were genuinely pleased with her and if it brought our father joy, then it brought us joy too.”
On Sundays before our unusual family gathering began, I, along with my three kids, six grandkids, my ex-wife Dominique Bourgeois, and even my late best friend, used to have lunch separately. However, after he passed away, a dear soul named Alexandra suggested we continue these gatherings. To her wisdom, she emphasized how essential it was for me to carry on this tradition, as it held therapeutic benefits for me.
***
Shortly following their move into Geffen’s old residence in February 2021, Robertson expressed to his son his desire to “transform Zuccarini from a fiancée into a wife.”
“Sebastian mentioned that one of his long-standing friends is a jeweler. His father expressed his intention to give her a promise ring, stated Sebastian. To secure a diamond worth around a million dollars from renowned designer Anita Ko, Sebastian had numerous discussions with both Janet and his dad. During these conversations, they both made it clear that they are not planning to get married. Janet added, ‘I prefer to keep California’s jurisdiction out of my personal matters,'” said Sebastian further.
According to Zuccarini, that’s not how she remembers the events. Instead, she fondly recalls that Robertson proposed to her at home, presenting an “engagement ring” just a few days before their fourth anniversary. As stated in her complaint, after the engagement, Robbie and Janet often talked about having a wedding on their fifth anniversary of dating, considering Northern California and San Ysidro Ranch in Montecito as potential locations for the ceremony. However, approximately six months after the engagement, Robertson’s cancer advanced, causing Robbie and Zuccarini to postpone wedding planning in favor of focusing on his treatment.
In July 2022, my fairy tale came to a harsh reality check when I underwent two consecutive abdominal surgeries. To my dismay, they discovered that my long-dormant prostate cancer had come roaring back with aggression. The doctors suggested an innovative radiation therapy as our battle plan. Sadly, by January 2023, they shared the disappointing news that the treatment didn’t work. Now, all that was left was chemotherapy, and they were honest about my chances – they weren’t good.
“Alexandra recounts that the cancer spread to his spine, causing his vertebrae to fracture, which necessitated two spinal surgeries for him. The ordeal was incredibly distressing as he endured immense pain and discomfort. His illness was severe, and he relied heavily on strong painkillers, including opioids and THC, just to cope with each day. It was startling to learn that she considered it appropriate to get married during such a difficult time.”
Based on Robertson’s children’s account, Zuccarini persistently urged their father to marry him in February of that year, despite his health worsening due to chemotherapy. Moreover, Zuccarini arranged for one of her lawyers, Thomas Bacon from Bacon Law Group, to draft a prenuptial agreement and an amendment to the existing TIC, making Robertson responsible for half of the home’s costs indefinitely. Robertson handed the documents over to his business manager and legal advisor for review, as stated by Kevin Leichter, who is representing the estate. They found no issues with the paperwork. Just two days before the wedding, he signed the agreement.
“According to Zuccarini’s petition, the purpose behind the 2023 TIC Amendment and Premarital Agreement was straightforward. Robbie and Janet were aware that they were getting married, understood that Robbie had been living with prostate cancer for 25 years, knew that Robbie’s children depended on him financially, recognized that Janet’s income was significantly affected by the pandemic, and understood that Janet wished to continue residing in the home she shared with Robbie. Given these circumstances, they instructed their lawyers to draft an agreement that would enable Janet to remain at the Gilcrest Property for as long as she desired and would not impose additional monthly expenses on her.”
Alexandra replied, “What’s troubling about it is that it seems to be one thing, but it’s something else entirely. This happened when my father wasn’t able to understand or remember details, and he didn’t have a reliable lawyer to guide him.”
Zuccarini challenges the claim about her husband’s cognitive abilities. According to her court filing from May 9, in the L.A. Superior Court, she states that “Robbie’s top-tier medical team in LA are prepared to testify that he never showed any signs of cognitive decline.” Furthermore, the petition adds that “Robbie was actively working on his Academy Award-nominated score for the film ‘Killers of the Flower Moon,'” which contradicts the allegations made by his adult children that he was unable to work or read and was weakened mentally and physically. To emphasize this, the lawsuit brings up an extensive and intellectually sharp interview conducted by Robertson with Variety during the last week of July 2023, only a few days before his passing.
As a dedicated fan, I’d like to clarify something that seems to be misconstrued: the score wasn’t completed in a way that suggests a decline in his health and mental capacity prior to 2022. In fact, the last recording session took place in November 2022, but due to illness, he was unable to attend. Alexandra recalls this, adding that the Variety interview was scheduled after he had already canceled a planned press tour.
“Alexandra mentioned that the most significant interviews were with the New York Times and Vanity Fair, but he ended up cancelling both due to struggling with his thoughts. She also noted that he managed to push through for a brief final interview. To cover any missing parts, his publicist and manager stepped in.”
In Zuccarini’s lawsuit, there was an assertion that Robertson attended the film’s premiere in July 2023, shortly before his demise. However, what transpired was actually a private screening held in Los Angeles (L.A.) in June – the film’s world premiere happened in Cannes in May, and the L.A. premiere was scheduled for October. Unfortunately, due to Robertson’s deteriorating health, this L.A. screening had to be rescheduled multiple times. Alexandra finds it hard to comprehend how such an incorrect claim could be made in a legal document when it can so readily be disproven.
During the swift deterioration of Robertson’s situation, Zuccarini was simultaneously preparing her most daring undertaking yet – a grand Italian restaurant named Stella, occupying the old Madeo space on Beverly and Robertson boulevards, boasting cuisine by Canadian chef Rob Gentile. The restaurant, initially slated to open in March following several postponements, finally saw the light of day that same month, coincidentally the same month it faced a lawsuit from a contractor. The contractor alleged he was owed $550,000 for five months of work prior to his contract termination due to delays and overspending, which he refuted. The legal matter was resolved two months later, without disclosing the settlement amount.
As a gamer, I can tell you that Zuccarini underwent an extensive overhaul of our new abode, complete with fresh, stylish furnishings. It was a whirlwind, as she kept presenting me with bills for half the cost, which eventually led to a grand total of $175,957 on renovations and a staggering $338,131 on furniture and decorations in the year before my passing.
On March 11th, 2023, Zuccarini and Robertson got married, contrary to what their children claim about coercion. Instead, Zuccarini states that Robertson was equally eager for the wedding as he was. As per her petition, by early 2023, Robertson had resumed wedding planning and discussed a destination wedding in Japan or Italy. However, due to logistical challenges, they decided to get married at home on their fifth anniversary, with Janet’s restaurant Felix catering the event. Robbie was thrilled with this idea. Just before their wedding, they attended David Geffen’s 80th birthday party. At dinner, Robbie publicly announced that he and Janet were getting married. The gathering had around fifteen attendees, and the wedding took place about two weeks later. The lawsuit does not reveal who else was present or if they would be willing to testify.
As a devoted fan, I must share that neither the children, their mother, nor Robertson’s six grandchildren were present when the actual vows were exchanged. Only Zuccarini’s sister and her spouse attended the ceremony, even capturing it on film. Sadly, in the recorded event, Robbie seemed too frail to stand for his vows.
The following day, I shared a heartfelt three-minute video on Instagram, titled “We’re officially a couple!” accompanied by a sparkling diamond ring emoji. As a mesmerizing collection of romantic snapshots and renowned personalities – Mitchell, David Byrne – unfold, I express my feelings, saying, “The luxurious flights, David’s yacht, New York City, St. Barts, the Hamptons, Grammy events, movie premiers, red carpets (yes, more than one!), spending precious moments with legends and icons… It was all worth the wait for you.” (I also highlight our tranquil moments together.)
As a fan, I’ve learned that following Robertson’s wedding announcement and celebration, his ex-wife, Dominique, expressed concerns about their children’s inheritance. She reached out to Robertson, who reassured her, saying “Nothing changes.” He had ensured this through a prenuptial agreement, emphasizing that what was his remained his, and the same went for what belonged to Dominique. Regarding their family home, Robertson clarified on multiple occasions to me and my siblings that Janet has the right to buy us out, we can buy her out, or they could sell the house altogether.
However, Zuccarini recalls the situation differently. In her petition, she claims that before he passed away, Robbie gathered his children to clarify what he and Janet had agreed upon regarding her inheritance. According to her account, they all wept with gratitude because Robbie informed them that Janet would not receive the entire estate but instead a share of the house they jointly owned. Now, these adult children are demanding more, as the substantial wealth they are supposed to divide is deemed insufficient by them. This behavior, according to Zuccarini, exemplifies sheer greed and an unjustified sense of entitlement.
As Robertson’s time drew near, Alexandra remembers, “we were constantly in touch with Janet.” Through the night, text messages, calls, and hospital visits, they shared updates. “What can we do for you?” Alexandra recalls thinking, treating her as if she were a family member. When Robertson passed away on August 9, 2023, just over a month after his 80th birthday, there was a noticeable change in the atmosphere, which we attributed to everyone dealing with grief differently.
According to Zuccarini, it’s suggested that any energy change occurred from the children themselves. Four days following Robertson’s demise, they gathered at home for a meeting to discuss household matters. After approximately an hour of discussion, Sebastian told Janet that their father had lived extravagantly and they couldn’t keep the prenuptial agreement, which left Janet taken aback, as indicated in the lawsuit.
“I was shocked,” she said in a court declaration.
Prior to the Village Recorder event, a memorial service was held at the Robertson’s residence on September 23rd. As stated in the family’s lawsuit, Zuccarini provided catering services for this memorial and charged the Robertson estate $20,000. The lawsuit further alleges that Zuccarini personally benefited from this service. Additionally, Zuccarini submitted an invoice for his cremation to the trust which was also paid.
Sebastian expressed that following his passing, we were unable to access his shirts, notebooks, and other items that one might want close at hand after losing someone. Instead, we had to navigate a legal procedure to secure his personal effects, which included his ashes.
In response to the September memorial, the children had expressed admiration for Zuccarini as an exceptional partner to Robbie and felt fortunate that he had her in his final years. However, things took a turn by late October 2023, with the adult children asserting that neither they nor Robbie’s business managers were aware of the 2023 TIC Amendment until a month after Robbie’s passing.
As a curious gamer delving into this intriguing mystery, I’m ready for the long haul. Just like in my favorite adventure games, Leichter is committed to uncovering every secret hidden within the sprawling estate battle. “There are many witnesses,” he assures us. The medical history plays a crucial role here, and with so many people involved, we’ve got stacks of records to sift through. It’s going to be an epic quest!
In response to the heirs’ claims, Zuccarini’s lawyers dismiss them as unfounded. They argue that Robertson’s children are disgruntled because they expected their father to leave them a larger fortune than what was actually inherited. Consequently, they chose not to respect his agreement with his longtime partner and widow, instead filing a baseless and scandalous lawsuit in the superior court. This lawsuit should have been taken to private arbitration as stipulated by the contract they are contesting, but the children intentionally filed it in a public forum. Their decision to air their groundless claims publicly is a desperate move that dishonors their father’s explicit wishes. According to the agreement, Janet was allowed to reside in the couple’s home without bearing additional costs, and upon her death or sale of the property, Robertson’s half of the house would pass to his heirs. That’s all there is to it.
Ultimately, Leichter must provide evidence showing that Robertson lacked mental capacity when he signed the revised TIC contract, which is a difficult legal obstacle to surmount. Even if this hurdle is cleared, there remains the question of the accompanying prenuptial agreement, which assures Robertson’s children inherit his remaining estate but may be nullified if Zuccarini wins her lawsuit. This could potentially grant Zuccarini one-third of Robertson’s assets, according to her lawyers. This strategy is risky and presents an uncommon legal quandary for the Robertson children: a victory in their efforts to invalidate the TIC contract modification could actually lead to them losing more than they initially sought in their lawsuit because it might also invalidate the prenup, potentially giving Zuccarini a share of the estate. However, this prospect does not seem to concern the Robertson offspring, as they have ceased making mortgage payments on the house since July.
“Sebastian mentions that there are certain obstacles preventing us from properly mourning,” he says, “obstructions that seem to be hindering us from forging a fresh bond with our father.”
As a longtime reader of The Hollywood Reporter, I can confidently say that their August 7 issue was a must-read for anyone interested in the entertainment industry. This magazine consistently delivers insightful and informative articles about the world of film, television, music, and more. If you’re not already subscribed, I highly recommend it – trust me, you won’t want to miss out on the latest news and analysis from this esteemed publication.
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2024-08-09 16:29