Why is Michael's Mom Mounting Legal Challenge?

61. 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.,

Posted at 4:30AM on Jul 19th 2009 by Lawyer Info

62. 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

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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!

Posted at 4:31AM on Jul 19th 2009 by Dixie

63. Let's start this comment with a little quiz:

1. Has Mrs. Katharine Jackson ever considered what would happen if a small fraction of her time spent trying to encourage boisterous, officious skinheads to see themselves as victims and, therefore, live by alibis rather than by honest effort was instead spent on something productive?
2. To what degree is she going to envelop us in a nameless, unreasoning, unjustified terror?
3. Essay: Compare and contrast her shenanigans to those of unsympathetic, inimical pipsqueaks, focusing especially on who is more likely to silence anyone whom Katharine considers testy.

Don't worry; I'll give you all the answers throughout the course of this comment as well as a wealth of other information about Katharine. What follows is a call to action for those of us who care—a large enough number to enlighten the mind of the woman and improve her as a rational, moral, and social being. I'll end this letter with a personal invitation to Mrs. Katharine Jackson herself: If you care to respond to what I wrote, please do, especially if you think that I am being inaccurate or unfair. I do not wish to misrepresent you in any way whatsoever. Pax vobiscum.

Posted at 4:39AM on Jul 19th 2009 by Groove

64. 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!!!!!!!!

Posted at 4:42AM on Jul 19th 2009 by TEDS22

65. 47--- Lawyer Info


Thank you for the info.

Posted at 4:43AM on Jul 19th 2009 by Dixie

66. 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.....

Posted at 4:45AM on Jul 19th 2009 by Truth b told

67. 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.

Posted at 4:45AM on Jul 19th 2009 by mugu

68. 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

Posted at 4:46AM on Jul 19th 2009 by lankandiva

69. 51 are you saying that two of the brothers SHARED A WOMAN AND HAD CHILDREN WITH HER? HOW SICK IS THAT ? YUK!!

Posted at 4:52AM on Jul 19th 2009 by mugu

70. 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

Posted at 4:55AM on Jul 19th 2009 by lankandiva

71. 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.

Posted at 5:05AM on Jul 19th 2009 by Lawyer Info

72. 54. Yes , this info. is very accurate..........just shows how sick they really are. I wish TMZ would have elaborated on this info.

Posted at 4:59AM on Jul 19th 2009 by Truth b told

73. Lawyer Info-Thank you on clarification on this subject.

I think the concern is in regard to Katherine, did she really want to contest on her own or was she motivated by her lawyers for other reasons....

No one actually knows, but would there truly be a reason for her to object? Was it not noted that her lawyers could object anything that the current executors try to do against MJ's estate? I thought (someone please correct me if I'm wrong) that all actions taken for the estate need judges' approval anyway.

Posted at 5:11AM on Jul 19th 2009 by Maryl

74. @53 Hmmm, I'm getting this story instead
http://www.latimes.com/news/local/la-me-jackson-legal19-2009jul19,0,6908980.story

Soooo much confusion T_T

Posted at 5:00AM on Jul 19th 2009 by Dirty

75. That's a no brainer.....executor fees. Whoever serves as executor of the estate is compensated.....well.....especially if it's an attorney because in most states they can take a percentage. These lawyers were already counting their money when they thought there was no will and Katherine asked to be named executor (honestly.....how could a 79 year old woman handle something that large....hence her attorneys.)

Branca threw a fly in the ointment when he produced a will. If it wasn't for Branca, there wouldn't BE any money, as he's the one who negotiated Michael's main asset back in the 80's....the music catalog.

It's all about MONEY and GREED! Somebody's putting a bug in the old woman's ear. You really got to feel sorry for those poor kids. MJ should have left it all to them just to tick off the rest of the family. He should have known what would happen by leaving the door open for momma.

Posted at 5:04AM on Jul 19th 2009 by Lawyers are parasites