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Case file s1686 · Literature and art · 2008
2008
Michael Crichton: MichaelCrichton 2
Michael Crichton. Jon Chase photo/Harvard News Office. CC BY-SA 3.0, Wikimedia Commons.
Died
4 November 2008
Place
Los Angeles, California, USA
Field
writer · Literature and writing on the timeline
Legal tradition
US common law (California probate and trusts; contract law) · Common law
Historical event
The ER franchise and the dispute over The Pitt, 2024 to 2026
Religion
Michael Crichton: Atheist and agnostic (recorded as agnosticism on Wikidata)
Member of
Phi Beta Kappa Society, PEN America, Writers Guild of America West (Wikidata)

Michael Crichton's son was born after his death and left out of his will; in 2024 his estate sued Warner Bros., calling The Pitt an ER reboot

Michael Crichton, the author of "Jurassic Park," created the NBC series "ER" and secured a "frozen rights" clause barring Warner Bros. from sequels, remakes or spinoffs without his consent, or his estate's after his death. He died of cancer in Los Angeles on 4 November 2008, aged 66, while his fifth wife, Sherri Alexander Crichton, was 6 months pregnant. His will, filed in Los Angeles Superior Court on 26 January 2009, says he "intentionally omitted to provide" for his 4 former wives and does not mention the unborn child. The son was born on 12 February 2009. Sherri sued to have him included as an heir, Crichton's adult daughter Taylor opposed her, and a judge ruled that the son would inherit, according to a 2016 account by the Goosmann law firm. In August 2024 the estate, led by Sherri, sued Warner Bros. Television, John Wells, Noah Wyle and R. Scott Gemmill in Los Angeles Superior Court. The suit alleges that the studio began developing an "ER" reboot in 2020, promised Sherri a "created by" credit for Crichton backed by a $5 million guarantee, withdrew it, and then moved the show from Chicago to Pittsburgh as "The Pitt." "The Pitt is ER," the estate's lawyers wrote. Warner Bros. Television called the suit "baseless" and said "The Pitt" is "a new and original show." In February 2025 the court refused to dismiss the case under California's anti-SLAPP law, finding evidence of "at least a prima facie case" that "The Pitt" derives from "ER." Status: pending in Los Angeles Superior Court†.

What the law took from it

A will and trust that provide for children born after signing, including after the parent's death, keep a posthumous child's share out of court.

Cite as: celebrity.estate, “Michael Crichton's son was born after his death and left out of his will; in 2024 his estate sued Warner Bros., calling The Pitt an ER reboot,” story s1686, https://www.celebrity.estate/michael-crichton-2008, updated 30 October 2026.

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