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Why is Michael's Mom Mounting Legal Challenge?

7/19/2009 11:10 AM PDT BY TMZ STAFF

Michael Jackson's MomSources connected to Michael Jackson's family tell us some family members as well as lawyers for the estate are ticked off at some legal eagles who may be trying to start a legal war.

Attorneys Londell McMillan and Burt Levitch do not represent Michael's estate -- they represent Katherine Jackson personally. They filed legal papers Friday asking a judge to rule if Katherine can object to the appointment of the executors named in Michael's will and still collect the money her son left her.

Here's the issue. There's a "no contest" clause in the will, meaning anyone who files objections to the will automatically gets no money. McMillan and Levitch want to know if the "no contest" clause would apply if Katherine only objects to the executors Michael chose.

Here's what's bugging some family members and the lawyers representing the estate ... the will gives Katherine 40% of Michael's estate, so she can't be upset about that. The will names Katherine guardian for the children .. again, that's what she wants. And the named executors -- John Branca and John McClain -- are Michael's longtime, trusted advisors and friends.

So why would Katherine object to the will or the executors? A lot of people who are in the middle of it all feel Katherine is being manipulated and doesn't really understand the implications of mounting a legal challenge.

So why are McMillan and Levitch kicking up dust?

Stay tuned...


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733 COMMENTS

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46.

Linda    

Sounds like to me Katherine Jackson's Lawyers are VULTURES With $$$$$$$ signs in their eyes - the more they do the more they get to bill, and maybe they want to be the executors.

1885 days ago
47.

welc ome    

Now it is out that both Katherine and Joe beat the children. Janet better hide her 2 million , cause they are all gonna go through it , in no time. I am sure they are thinking about her age here. How many years does she have left , really? She probably won't live to see the Estate Executed. It seems they are getting desperate.
I remember watchin one interview when they wanted to give Michael his own contract and told Joe that Michael did not need his brothers anymore. Then Joe repied but his brothers need him. Really has been that way for years.

1885 days ago
48.

Joyce Francis    

Can' Katherine see that her lawyers just want a piece of the pie...Michael gave her his kids and a good portion of the money...i am sure it it is quite enough to live her remaining years in luxury.. Why cant she just accept it witH a good attitude and leave her money-grabbing HUSBAND AND LAWYERS OUT OF IT.

1885 days ago
49.

Dixie    

32 Lauren--- They are Jehova's Witness' ------ not Christians. There are HUGE differences in the 2.
Jermaine is a muslim.

Not trying to be testy just wanted to let you know.

Sadly, Greed comes to some people of all or any religion or faith, in one way or another.

1885 days ago
50.

Quiet    

they are charging Katherine legal fees, that's all. every minute of a lawyers time is big bux. A letter, a phone call, a motions court etc etc etc. She is being manipulated for lawyers time and then a big fat bill froma lawyer saying he couldnt help her when he convinced her to contest it yadayada Same game ,different characters ,characters with millions to sponge up, use up. SO sad. Katherine needs to avoid all lawyers or start shelling out MJ's cash them.

1885 days ago
51.

A Lawyer    

I am both an attorney and have my LL.M in tax law; while I am not admitted to the CA Bar I have reviewed their Probate Code. The CA law has changed a little bit on contest clauses in recent years...so I will only address the very basic things you need to know: I was hoping I could help some of the commenters understand what is going on with the "no contest" clause. Especially since TMZ's article seems to be somewhat unclear.

A No Contest Clause does not prevent a beneficiary from making valid claims or objections. For example: if a beneficiary believes a will was made as a result of fraud, or claims that will before the probate court is not the "last will," these contests will not automatically prevent them from collecting property. There are many situations that will NOT result in the "no contest" being applied. This is because the Probate Court wants to be sure all parties come forward with all information to help them ensure the CORRECT, FINAL, and LEGALLY BINDING will is controlling. Only when a beneficiary makes a "direct contest" claim, and that claim is NOT valid will a no contest clause come into play.

To address some of the comments I've read: Katherine being successful in a will contest does not make her executor, nor would this be the truly valuable position (it would be as trustee, here the executor would only be moving the assets over to the trust.)

"No Brainer" has no clue what he's talking about since Life Estates are totally not applicable to this situation and he clearly is talking out his a** and probably he just heard it on Law & Order .

I would also like to point out that ANYONE who is an executor has to be appointed by the Probate Court, and BOTH executors and trustees must provide detailed financial accountings to the court. Nobody "gets" to be the executor until the court gives them the authority to do anything.

Ok- last thing: a Trustee has a legal duty to care for the value of the trust in certain ways, and if they fail to do so they can (and will) be sued for damages and can lose any gains they would have received under the trust. For many tax reasons and basic legal reasons, it is not advantageous for Katherine to be made a trustee.,

1885 days ago
52.

Dixie    

44. Now it is out that both Katherine and Joe beat the children. Janet better hide her 2 million , cause they are all gonna go through it , in no time. I am sure they are thinking about her age here. How many years does she have left , really? She probably won't live to see the Estate Executed. It seems they are getting desperate.
I remember watchin one interview when they wanted to give Michael his own contract and told Joe that Michael did not need his brothers anymore. Then Joe repied but his brothers need him. Really has been that way for years.

Posted at 4:16AM on Jul 19th 2009 by whatif

---------------------------------------------------------------------------------------------------------------------------------------------
Yes, I saw this interview too, somewhere. Poor Michael, he gave up alot to try and help his family. He toured with them after thriller for the last time. I think he did it out of feeling he owed it to them. I'm sure they put a guilt trip on him, that's probably another reason he started distancing himself from them. They were always milking him!
Bless his heart--- I don't know how he held up as long as he did, the pressure cooker that he lived in.

May God bless those children!

1885 days ago
53.

TEDS22    

I think that Micheal would be so dissappointed in his mother's decision to do this!! So Sad!!! I think the Judge should appoint an independent lawyer for the kids, as he indicated in the first hearing! They need a lawyer themselves and Katherine Jackson is just to old.
Also,this should show every-one that if you have kids and any money, it is vital to have an UPDATED will. When Heath Ledger died he still had'nt updated his will to include his daugter,she still got the money b/c the Ledger are good people unlike the Jacksons who are still after MJ's money and he is'nt even buried yet!! Best of Luck to the kids!!!!!!!!

1885 days ago
54.

Dixie    

47--- Lawyer Info


Thank you for the info.

1885 days ago
55.

Just my opinion    

Jermaine married Randy's wife and had 2 kids..........truly a sick family.

Joseph Jackson h ad eleven children. Ten children were born to Katherine, of whom nine lived to adulthood while an eleventh chi ld was born with a Jackson 5 groupie named Cheryl Terrell.

With Katherine Jackson (née Scruse)

1. Daughter Rebbie Jackson, born May 29, 1950 (1950-05-29) (age 59)
2. Son Jackie Jackson, born May 4, 1951 (1951-05-04) (age 58)
3. Son Tito Jackson, born October 15, 1953 (1953-10-15) (age 55)
4. Son Jermaine Jackson, born December 11, 1954 (1954-12-11) (age 54)
5. Daughter La Toya Jackson, born May 29, 1956 (1956-05-29) (age 53)
6. Twin Son Marlon Jackson, born March 12, 1957 (1957-03-12) (age 52)
7. Twin Son Brandon Jackson, born March 12, 1957, died hours after birth March 12, 1957 (aged 0)
8. Son Michael Jackson, born August 29, 1958, died June 25, 2009 (aged 50)
9. Son R andy Jackson, born October 29, 1961 (1961-10-29) (age 47)
10. Daughter Janet Jackson, born May 16, 1966 (1966-05-16) (age 43)

With Cheryl Terrell

; 1. Daughter Joh'Vonnie Jackson, born August 30, 1974 (1974-08-30) (age 34) half-sister of the above children.

Grandchildren

Joe has 27 Grandchildren
Daughter Rebbie has 3 children:

* Stacee Brown (born 1971)
* Yashi Brown (born 1977)
* Austin Brown (born November 22, 1985)

Son Jackie has 2 children:

* Sigmund Jackson, Jr. (born June 29, 1977)
* Brandi Jackson (born February 6, 1982)

Son Tito has 3 sons (who form the R&B group 3T):

* Toriano Adaryll Jackson "Taj" II (born August 4, 197 3)
* Taryll Adren Jackson (born August 8, 1975)
* Tito Joseph "TJ" Jackson (born July 16, 1978)

Son Jermaine has 10 children:

* Jermaine Lajaune "Jay" Jackson Jr (born January 27, 1977) with Hazel
* Autumn Jackson (born=2 01978) with Hazel
* Dawn Jackson (born 1985) A sponsor child for Jermaine[citation needed]
* Jeremy Jackson (born 1986) with Margaret
* Jaimy Jackson (born 1987) with Hazel
* Jasmine Jackson (born 1988)[citation needed]
* Jourdyn Jackson (born 1989) with Margaret
* Donte Jackson(1991) (given to Jermaine/Alej by Joseph Jackson and adopted by the couple)[citation needed]
* Jaffar Jackson (born 1996) with Alejandra
* Jermajesty Jackson (born 2000) with Alejandra

Daughter La Toya has no children

Son Marlon has 3 children:

&nb sp; * Valencia Jackson (born 1977)
* Brittany Jackson (born 1979)
* Marlon David Jackson Jr (born 1982)

Son Michael had 3 children:

* Michael Jackson Jr (born February 13, 1997)
* Paris Michael K atherine Jackson (born April 3, 1998)
* Prince Michael Jackson II (born February 2002)

Son Randy has 3 children

* Genevieve Jackson (December 3, 1989) with Alejandra
* Stevanna Jackson (June 17, 1990) with Eliza
* Steven Randall Jackson Jr (October 2, 1991) with Alejandra

Daughter Janet Jackson has no children

Note: Randy Ja ckson was married (and had two children) to Alejandra. Jermanie Jackson decided to keep her in the family, and he married her and gave her TWO more children. See the above again.....

1885 days ago
56.

noyankhere    

i agree with the comments about joe jackson coming from no13 and no 14 is right .. katherrine is either very naive or very GREEDY.. i think she is a bit of BOTH.. THE FIRST THING SHE IS purported to have said when told of her son's demise is ask about the whereabouts of the stash of monies held at his mansion.. and every legal move she and that manipulative greedy illiterate manky husband of hers have made since then seems to back up that asserstion that they BOTH ARE VERY GREEDY CHARACTERS... its NOT ENOUGH FOR HER TO CONTROL 40% FOR HERSELF AND HER FAMILY, AND 40% FOR THE CHILDREN!!!!???. obviously.. GREED IS AT THE BACKBONE OF THIS NEW LEGAL CHALLENGE .why cant she RESPECT HER LATE SON'S WISHES??. WHAT IS THE POINT OF MAKING A BLOODY WILL IN THE FIRST PLACE?.now she is saying she DOUBTS THE AUTHENTICITY OF THE WILL , SHE WAS NAMED WHAT IS HER PROBLEM.? THE EXECUTORS DONT TAKE A DIME.. and this man's estate is very complex.. ONCE AGAIN JOE IS RUNNING THE WHOLE SHOE. and all he can think of is SELL SELL SELL, !! already he is cranking it up another notch with the now defunked jackson five going on the road to MILK THIS CASH COW FOR EVERYTHING IT CAN WHILE IT CAN..for the time being, he can, but sooner or later when the die hard fans have calmed down and the media moves on to other stories joe jackson will have made more than enough to keep him from bankrupcy.. like his son CARED A DAMN ABOUT SOME S.O.B BUSINESS VENTURE ..that man is a disgrace to the human race and he has made me much more sympthetic to jackson than i was before his death....with that creature as a father he didnt stand a chance of normacy even in childhood.. what a disgusting family of vultures.. those kids need prayer.

1885 days ago
57.

lankandiva    

BREAKING NEWS IN AUSTRALIA-We've just been told on the news that its MURDER,and that the Jackson family have been ntified that arrests will happen soon,itws an overdose given..wow,y heart breaks more,its like when i first got the news that MJ died..DEATH PENALTY,either way how long they will be jailed,they will die in jail..so sad..Not sure if this news is accurate but it was breaking news..speechless i am..yes i suspected it,but too actually hear it..:( R.I.P Michael Jackson..you're in a better place,love you,from Australia

1885 days ago
58.

noyankhere    

51 are you saying that two of the brothers SHARED A WOMAN AND HAD CHILDREN WITH HER? HOW SICK IS THAT ? YUK!!

1885 days ago
59.

lankandiva    

Jackson charges expected 'within days'12:30 AEST Sun Jul 19 2009
6 hours 21 minutes agoBy ninemsn staffVIEWS: 0|
Los Angeles police are expected to lay charges over Michael Jackson's death within days and those responsible will face a criminal trial.

An autopsy on the singer has revealed he died from an overdose of the heavy-duty painkiller Diprivan, the News of the World reports.

The newspaper interviewed long-time Jackson family friend Terry Harvey who said whoever injected the superstar with the drug, or made it available to him, would face second degree murder charges.

"The authorities have told the family the Drug Enforcement Administration are pushing for a criminal charge," Mr Harvey was quoted as saying.

"It is likely to be second-degree murder, due to the actions which led to his death.

"They have been assured that someone, or maybe more than one person, will be brought to trial."

Jackson's autopsy showed that, in addition to the lethal overdose of Diprivan, the singer had a range of pills in his stomach and had needle marks all over his body, including his neck, he said.

As soon as the charges are announced, Jackson's family is planning to sue the promoters of the singer's London comeback tour, Mr Harvey said.

The $60 million lawsuit for "wrongful death" will focus on how the promoters failed in their duty of care towards Jackson and could have saved his life.

"The question is how much did the concert organisers know about his (Jackson's) drug problems and who was feeding him the drugs?" Mr Harvey said.


WOW

1885 days ago
60.

A Lawyer    

You're Welcome Dixie - it is one of the most frustrating things about being a lawyer, I see people saying things that are completely wrong and want to explain - on the other hand, nobody likes a windbag.

It is misleading to call it a "NO CONTEST" clause when what it actually means "You Can Contest the Will All You Want if it is a VALID Contest and there are 15 exceptions and 43 sub-exceptions." Honestly, it is cases like this that perpetuate the problem and cause strange loop-holes and odd laws...well, that and we can blame the Brits for a lot of our legal system's messy ideas.

1885 days ago
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