James has asked the court to make him the legal guardian of the 13-year-old son he shares with Anne.
He claimed that it was the love for his son and Anne’s other child, Homer that made him make the legal move.
James and Homer have been at loggerheads over Anne’s estate since the actress died in August.
Homer first filed court docs requesting to be made estate administrator and guardian of his teenage brother.
James countered by noting that his lack of employment disqualified him from becoming estate administrator.
Homer fired back by noting that he took time away from work to properly mourn his late mother.
Homer’s lawyer suggested that the family would have to defend itself against a legal case involving Anne’s part in the accident that claimed her life.
A plaintiff was suing the estate for damage, which either involved insurance or for damage that resulted from the accident and fire.
The plaintiff also gave Homer enough time to prepare himself legally before the case officially kicked off.