Philip Seymour Hoffman's Will: He Wanted Son to Grow Up in N.Y.C.
02/19/2014 AT 05:45 PM EST
In documents obtained by PEOPLE, Hoffman's last will and testament includes a notable clause about his son's residence.
"It is my strong desire, and not direction to my guardian, that my son, Cooper Hoffman be raised and reside in or near the borough of Manhattan in the State of New York, or Chicago, Illinois, or San Francisco, California," it states.
The revelation comes after Hoffman's will was submitted to probate court in New York, two weeks after the actor's shocking death from an apparent heroin overdose on Feb. 2 at his Manhattan apartment.
In the document, Hoffman, 46, leaves the bulk of his estate to his longtime partner Marianne O'Donnell, with whom he has three children: Cooper, 10, Tallulah, 7, and Willa, 5. He also calls for the setting up of a trust for Cooper. The will was drawn up in 2004, before the birth of Hoffman's daughters.
New York probate attorney Ann-Margaret Carrozza explains that according to state law, trusts will also be established for Tallulah and Willa. "The three of them will share the money," it will just be divided in separate trusts. The value of Hoffman's estate is unknown, as an asset sheet was not attached in the original filing, with merely a box checked stating it is estimated to be $500,000 or more.
Should anything happen to O'Donnell, her sister Suzanne was appointed back-up guardian, and most of the estate would go to Hoffman's producing partner Emily Ziff.
As for the residential clause, he added, "if my Guardian cannot reside in any of these cities," he requested his son "visit these cities at least twice per year… so that my son will be exposed to the culture, arts, and architecture that such cities offer."
"That is not a very typical clause," says Carrozza. And, she adds, not legally enforceable. "That's why he said, 'It is my strong desire, and not direction.' It's a really touching statement. It's also striking he didn't include Los Angeles in his list of cities."