Owners of Marilyn Monroe’s Death House Lose Another Attempt to Challenge Historic Protection

Federal judge dismisses another challenge involving 12305 West 5th Helena Drive, the Brentwood home where Marilyn Monroe spent her final months and died in 1962

By Roy Condrey, October 1, 2026, 12:10 PM EDT

SUMMARY: The owners of Marilyn Monroe’s former home at 12305 West 5th Helena Drive in Los Angeles have lost another round in their legal fight over the property's historic protection. U.S. District Judge Percy Anderson dismissed their amended federal challenge on September 28. The owners argue that Los Angeles’ landmark designation has dramatically reduced the property's value and interfered with their plans for the site. Their attorney says the fight is not over and they plan to appeal.

More than six decades after Marilyn Monroe died inside her Brentwood home, what happens to the property remains the subject of a very modern battle over history, private property and real estate value.

The latest chapter came September 28, when U.S. District Judge Percy Anderson dismissed another challenge brought by owners Brinah Milstein and Roy Bank over the City of Los Angeles’ protection of:

12305 West 5th Helena Drive, Los Angeles, CA 90049

It is one of the most recognizable celebrity-linked addresses in Los Angeles — not because Monroe simply lived there, but because it was the only house she owned and the place where her life ended in 1962.

The current owners want greater control over what they can do with the property. Los Angeles wants to preserve it.

And neither side appears ready to give up.

Federal Judge Dismisses Owners’ Amended Challenge

Milstein and Bank filed their federal lawsuit against the City of Los Angeles and Mayor Karen Bass on January 23, 2026.

The owners argued that the city's designation of the property as a Historic-Cultural Monument imposed such significant restrictions on the property that it amounted to a governmental “taking” requiring compensation.

Judge Anderson initially dismissed their claim in May but allowed them to file an amended complaint. They did so later that month.

On September 28, Anderson again concluded that the owners had not established a viable takings claim and dismissed the amended case.

The owners' legal team says the fight will continue.

Dave Breemer, a senior attorney with Pacific Legal Foundation representing the couple, said following the ruling that they intend to pursue an appeal. The organization continues to characterize the dispute as a private-property-rights case in which individual owners are being required to bear the costs of preserving a property for a perceived public benefit.

Owners Say Historic Status Crushed the Property’s Value

One of the most striking parts of the dispute involves what the owners say has happened to the home's value.

Milstein and Bank purchased the property in 2023 for approximately $8.35 million. Court filings say they acquired it intending to remove the existing structures and pursue a different use of the property.

According to the owners' allegations reported following the September 28 ruling, the property was worth approximately $8.5 million before the historic designation but only about $820,000 afterward — a decline of roughly 90%.

That is the owners' valuation claim, not an open-market sale establishing the property's current value.

They also say they spent approximately $30,000 obtaining demolition and grading permits before Los Angeles moved to protect the house.

The city sees the property very differently.

Los Angeles preservation officials concluded that the residence retains important characteristics from Monroe's time there and qualifies for protection because of its association with one of the most significant figures in American entertainment history.

Why 12305 5th Helena Drive Matters

The one-story Spanish Colonial Revival residence was built in 1929 and sits at the end of a small Brentwood cul-de-sac.

Monroe purchased the house in 1962 following the end of her marriage to playwright Arthur Miller.

For a woman who had spent much of her life moving between foster homes, apartments, hotels and houses connected to her marriages and career, the Brentwood property was different.

It was hers.

Los Angeles' historic evaluation describes 12305 5th Helena Drive as the only residence Monroe owned and concluded that the property retains enough of its historic character to convey its association with her.

Her time there was brief.

Monroe lived at the house for only about six months.

But those months became inseparable from the property's history.

Marilyn Monroe Died Inside the Brentwood House

In the early morning hours of August 5, 1962, Marilyn Monroe was found dead in her bedroom at the Brentwood residence. She was 36 years old.

Her death was officially attributed to acute barbiturate poisoning and classified as a probable suicide.

That event permanently transformed an otherwise secluded Los Angeles residence into one of America's best-known celebrity death properties.

It also illustrates something important about house history: a person's connection to a property does not necessarily end when ownership changes.

More than 60 years and numerous subsequent owners later, Monroe's six months at 12305 5th Helena Drive still affect what can happen to the property today.

The Owners Bought the House Planning to Demolish It

Milstein and Bank already owned the property next door when they acquired Monroe's former residence in 2023.

Court filings say they purchased the property for $8.35 million with the intention of clearing the existing structures. They subsequently applied for demolition and grading permits.

Los Angeles initially issued permits.

Then everything changed.

On September 8, 2023, a Los Angeles City Council motion initiated consideration of the property as a Historic-Cultural Monument. The city's historic-preservation process allows demolition to be temporarily stayed while a proposed monument is being considered.

The effort ultimately succeeded.

On June 26, 2024, the Los Angeles City Council approved the historic designation. The council action became final June 28.

The house was no longer simply a privately owned Brentwood residence.

It was now a protected Los Angeles Historic-Cultural Monument.

Owners Say Today's House Isn't the Same One Monroe Knew

Milstein and Bank dispute the idea that the current structure should be preserved primarily because Monroe once lived there.

Their legal filings argue that the house has undergone extensive changes during the decades since her death.

Court filings submitted on their behalf state that 14 owners followed Monroe and that Los Angeles issued more than two dozen building permits involving additions and alterations over the years.

That point is central to their argument: the owners contend that the physical property has changed substantially and that Monroe occupied it for only a short period.

Los Angeles' preservation review reached a different conclusion.

The city's report determined that the property retains most of the character-defining features associated with Monroe's period of residence and concluded that it retains historic integrity sufficient for monument designation.

That disagreement — how much physical history must remain for a property to remain historically important — sits at the center of this unusual real-estate battle.

A House History That Still Matters 64 Years Later

The controversy surrounding 12305 West 5th Helena Drive demonstrates why a property's history can matter long after the event that made the address famous.

Monroe lived there for only months.

Yet her death inside the house continues to influence the property's identity, public interest, redevelopment possibilities and potentially its value more than six decades later.

The current owners see that legacy as an extraordinary restriction on their private property.

Preservation supporters see the house as an irreplaceable physical connection to one of Hollywood's most enduring cultural figures.

For now, the house remains standing.

But the September 28 ruling apparently will not be the final chapter. The owners' attorneys have indicated that they intend to appeal.

That means the future of 12305 West 5th Helena Drive, Los Angeles, CA 90049 — the home Marilyn Monroe purchased, lived in and died in — remains part of an active legal fight.

And 64 years after Monroe's death, the history of this house is still shaping what its owners can do with it today.

Research the History of a Property Before You Buy or Rent

Marilyn Monroe's former home is an extraordinary example, but significant property histories are not limited to celebrity mansions.

Deaths, crimes, fires, drug activity and other events associated with an address may matter to a buyer or renter, yet disclosure requirements vary by state and circumstance.

DiedInHouse.com researches property history to help consumers learn more about an address before making one of life's largest financial commitments.

House History First. Then Inspection. Then Appraisal. Then Decision.