Celebrity Estate Planning - Estate of DMX (Earl Simmons) - Episode 234
- Jenny Rozelle, Host of Legal Tea
- Feb 3
- 7 min read
Hey there, Legal Tea Listeners! This is your host, Jenny Rozelle. We are here for episode 231 –and we are circling back to an “estate planning of the rich and famous” episode where we chat about celebrities or high profile folks and their estate planning (or lack thereof!). If you listened to the end of last week’s episode, I thought about doing an episode on professional racecar driver, Greg Biffle, which my Dad, a big race fan, requested, but as I expected, there is not a lot of information out quite yet about his – so we’ll just have to wait and see what comes out. So because of that, I had to go digging and instead today, we are going to do an episode on Earl Simmons, otherwise known as DMX – an incredibly well-known American rapper. So, as we normally do on these episodes, let’s talk a little bit about DMX personally, then get into what happened following his death with his estate.
DMX, born Earl Simmons, grew up in New York, and had one of the most turbulent childhoods you could imagine, according to his Wikipedia page. He suffered from severe asthma that took him to the emergency room almost nightly, and was kicked out of school in the fifth grade. Sadly, his mother and subsequent boyfriends beat him so severely that he lost his teeth and was eventually sent to multiple group homes, according to BlackPast website. But out of all that pain came this raw, aggressive energy that he channeled directly into his music. When he burst onto the scene in the late '90s, he was unlike anyone else - that signature growl, the barking, the intense vulnerability mixed with street toughness. His first five albums all debuted at number one on the Billboard 200, which is a record that still stands, according to Wikipedia. Overall, DMX sold over 74 million records worldwide, according to IMDB. Songs like "Ruff Ryders' Anthem," "Party Up," and "X Gon' Give It to Ya" became anthems of that era.
But behind all that success, DMX was fighting demons. During a media interview, DMX revealed how his addiction started at age 14 when a 30-year-old musical mentor, Ready Ron, offered him a marijuana cigarette that had been laced with crack cocaine, according to the Mercury News. He described Ready Ron as being "like an older brother" who introduced him to both rap and his greatest "curse" without telling him. That is so sad.
According to Wikipedia, DMX fathered 15 children with nine different woman, and ended up marrying his childhood friend Tashera Simmons in 1999. Together, they had four children together, which were part of the 15 children I just mentioned, but they ended up divorcing in 2014. To go through each of his relationships would be time not well spent on this episode, but know that he had a relationship, actually call it an engagement, with a lady named Desiree Lindstrom, who he also had a child with – a son – and I want to mention her name specifically because she’ll be “back” in this episode in a little bit. It is believed that they were engaged until he passed away, even though he did father additional children after the started dating/became engaged. So more on Desiree in a bit. Also, remember his former wife’s name, Tashera, too – she comes back too.
Throughout his career, he cycled through rehab, prison stints, and comeback attempts. His faith was incredibly important to him – he would often pray before shows and talked openly about his relationship with God. Sadly … On April 9, 2021, he passed away at the age of 50 after spending a week in the hospital. The local Medical Examiner's Office revealed that his official cause of death was a cocaine-induced heart attack, according to Wikipedia. The outpouring of love from fans and fellow artists showed just how deeply he'd touched people - not just with his music, but with his honesty about his struggles. He never pretended to have it all figured out, and that authenticity is a huge part of why people still connect with his music today.
Now shifting to what happened estate-wise following his death…
After he passed away, it was determined that he did not leave any type of estate plan behind – no Will or anything. So, if you’re a faithful Legal Tea Listener, you know that means his estate was to go by what are called the state intestacy rules, which are a built-in estate plan for folks who pass away without one. And naturally without an estate plan + his family tree, including his past relationships and several children, the drama kicked off almost immediately. His fiancée Desiree, who had been with him for years and was the mother of his youngest son Exodus, petitioned the New York courts to be declared his common-law wife, according to law firm Smith Taire’s website blog. If that had been approved, it would have given her a leg to stand on to control his estate, putting her ahead of all his children.
But here's the thing - New York, where DMX was a resident of, had ot recognized common-law marriage since 1933. So in June 2021, Judge Helen Blackwood ruled that Desiree did not have standing to file as his common-law wife, according to the Smith Taire website blog, and her claim was therefore denied. That meant she was essentially left with nothing, despite being with him for years and raising their child together.
Beyond that saga, remember those other 14 children? Some of his kids started fighting it out to control the estate. In May 2021, five of his adult children petitioned the court to be named administrators - his daughters Sasha Simmons and Jada Oden filed first, followed by his three sons: Xavier, Tacoma, and Sean. Then things got even more complicated when a woman came forward in October 2021 claiming to be DMX's 15th child, according to The Mercury news. The estate's attorney announced that all of DMX's alleged children would have to undergo DNA testing to prove paternity, because under New York law, all his verified children would be entitled to equal shares of his estate.
Fast forward to 2024 and 2025, and there's been yet another major battle. DMX's ex-wife Tashera filed a lawsuit in 2024, claiming she was entitled to 50 percent of his music catalog and intellectual property based on language in their 2016 divorce agreement, according to FindLaw. But in April 2025, Judge David F. Everett ruled against her, declaring that the estate is the sole owner of all intellectual property rights that DMX acquired during his marriage. Not her. The judge found that their divorce settlement agreement did not actually confer ownership. In some articles I read about this part of the estate saga, I did see that Tashera’s attorneys mentioned that she is entertaining an appeal of that verdict – so just know that. Maybe this part of everything is not done…
So where does everything stand now? According to Page Six, DMX's three sons from his marriage to Tashera, Xavier, Tacoma, and Sean, were appointed as temporary administrators of the estate, and they have been working to sort through the debts, collect assets, and manage the future earnings from his music catalog. Billboard estimated that DMX's total music and publishing royalties were worth $17.7 million, while other sources claim the estate may be upside down, so whoever controls the estate has control over the estate has some work to do to get more answers, than questions.
Regardless, it sure has been a long, messy process - exactly the kind of nightmare that happens when someone doesn't leave a will, especially when you've got 15 kids, well maybe – that paternity testing may change that number, and a complicated family situation. The whole thing is a cautionary tale of estate planning.
So what can we learn from all of this? Well, DMX's estate is honestly a masterclass in what NOT to do when it comes to estate planning – or I guess, what happens when you do not do any estate planning at all. First and foremost, the obvious lesson: do an estate plan. I don't care if you're worth $50,000 or $50 million – if you have multiple children, complicated relationships, or any assets at all, you need something in writing. DMX left behind multiple kids, an ex-wife, a fiancée, and absolutely no instructions about what he wanted. That's a recipe for chaos, and chaos is exactly what his family got.
But here's the thing that really gets me – this wasn't just about dividing up money. Think about the human cost here. Desiree, his fiancée and the mother of his youngest son, got nothing. She spent years with him, but because New York does not recognize common-law marriage (honestly most states do not) and DMX never made provisions for her, she walked away empty-handed. His kids had to fight each other in court just to figure out who was going to manage their father's legacy. People who claim to be his children have to submit to DNA testing to prove they deserve a piece of their own father's estate. That is not just legally messy – that's emotionally devastating. And all of it could have been avoided if DMX had put his wishes in writing.
And finally, if you are in a blended family situation – and let's be honest, tons of people are these days – you absolutely must have an estate plan that addresses everyone. Who gets what? Who controls what? DMX's situation was extreme with multiple kids and several different mothers, but the principle applies whether you have two kids from different relationships or ten. Without clear instructions, the default is that the state decides, and the state does not know your family dynamics, your wishes, or who you would want to benefit from your life's work. The court just follows the state default rules, which in New York means all verified children split everything equally – which may or may not be what DMX would have wanted, but we'll never know.
So yeah, DMX gave us music and raw honesty about his struggles, but his estate also gave us a cautionary tale that every single one of us can learn from. Don't leave your loved ones to sort out the mess. Get an estate plan. Put it in writing. And update it when your life changes – because trust me, your family will thank you for it later.
Alrighty, let’s wrap this one up and shift to a sneak peak at next week. Next week we’re back to a “cautionary tale” episode where we talk about real-life clients, real-life cases that I, or my office, have worked on -or- maybe they are just generally good things to know/be aware of so you don’t slip up and turn into a cautionary tale one day. In next week’s episode, a bit of an ironic follow-up to this episode, we are going to talk about an article I found – talking all about things like 23 and Me, and how those are playing into estate and inheritance issues. Alrighty, Legal Tea Listeners, that is it for today - until next week, take care and be well!
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