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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...


Michael jackson Launch photos

733 COMMENTS

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61.

Just my opinion    

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

1737 days ago
62.

Maryl    

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.

1737 days ago
63.

Dirty    

@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

1737 days ago
64.

show me the $$    

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.

1737 days ago
65.

Julian Vigo    

I agree with most all comments here. Joe Jackson, quite clealry an arse. But let's not underestimate Katherine---she put up with that abuse and this makes her no better than Joe. The brothers and sisters-- uh, I am not sure who is acting in Michael's best interest. But I am happy to see La Toya swinging and taking the helm in demanding a proper investigation. In fact, I think the sisters have Michael's best interest at heart for many reasons, primarily:

1. They didn't live off of him the way his brothers did;
2. They are opposing a burial at Neverland which Michael did NOT want;

http://www.msnbc.msn.com/id/21134540/vp/31627991#31716319

This interview with one of Michael's bodyguards says it all.

1737 days ago
66.

LAURENT    

Sommes tous responsables, médias, fans, amis, famille et les médecins surtout. Personne n'a pu l'aider vraiment pour en arriver là ! Les médecins ont un rôle de conseil, eux savaient que cela finirait comme cela !
Ces médecins,et amis auraient dû réussir à lui faire entendre raison ! Arrêter la chirurgie qui défigurait Michael.
Dénoncer tous les assassins qui ont vendu irrégulièrement des médicaments trop puissants et interdit.
Eux ils n'avaient pas d'état d'âme et n'ont pas résister à la tentation de l'ARGENT !

J'ACCUSE CES MEDECINS SI PROCHE "DE NON ASSISTANCE A PERSONNE EN DANGER" !!!!!
On ne laisse pas un homme si Star soit-il s'auto-détruire au profit du "PROFIT" !!!
A méditer......


1737 days ago
67.

noyankhere    

thats it lawyer.. its all the fault of the british so there!!lol!! i thought you had a completely independant legal system in the states... ? or maybe not...

1737 days ago
68.

I Will Take Being Born White Any Day - Thats Worth Much More To Me, #6    

Because Katherine likes to get on top.

1737 days ago
69.

auntimaude    

FROM THE NEWS OF THE WORLD.

By James Desborough, 19/07/2009

THE death of Michael Jackson is to become a MURDER investigation, the News of the World can reveal.

An autopsy on the superstar has shown he died from an injected overdose of heavy-duty painkiller Diprivan.


Police have told his family they will press charges against one or more people within DAYS and there will be a criminal TRIAL.


Terry also revealed that as soon as the murder inquiry is announced the Jacksons intend to SUE AEG, the promoters behind Jacko's planned London O2 comeback shows, for £30million for "wrongful death".


The family, headed by father Joe, say its bosses failed in their duty of care towards Jacko and could have saved his life.

SEE BELOW

http://www.newsoftheworld.co.uk/showbiz/michael_jackson/412480/Michael-Jackson-murder-charges-in-days-Cops-hunt-Jacko-killer.html




1737 days ago
70.

noyankhere    

yes, i did hear on the news that micheal jackson didnt want a buriel at neverlands and now that it seems clear it is not his wish i dont think its a good idea.otherwise that man will come back to haunt the bejesus of the junkhead who decides to put him there( joe) to make money. now i can see by the fact that micheal had so many nephews and nieces why he was such a cash cow for the family what the heck.. jermain in particular.. somebody get that lot condoms or somthing...lol! only one of the girls has kids too...all his brothers did was breed like rabbits and micheal fed clothed and waterd the whole lot of them... the glory days of the jackson five are long gone.. no wonder they are pissed at that lost 2million dollars.. la toya is a fake.. isnt she the one who wrote that book and fingered her brother as a child molester?. am no fan of micheal jackson , i just love the music but she is family and she betrayed him...the whole family is quite frankly suspect and dysfunctional not to mention their attudute about being black.. all the plastic surgery in the world wont change who they are... i pray those children do end up in the right hands and away from the jackson family they should go to Grace their nanny ...

1737 days ago
71.

Maryl    

Just read the News of the World article, can someone confirm this Terry guy? I mean, I don't think I can believe this article entirely...has SOME VALID POINTS-that the coroner already confirmed.This is a first...but again, this is from News of the World, a picture with Joe Jackson doesn't mean you know the man....Joe Jackson would probably take a picture with a tree if someone paid him to do so....

The U.S have been told 2 more weeks before results are in from the Los Angeles coroner....I wouldn't jump the gun and say this Terry guy tried to stop MJ from using drugs...it's sounds more like he was IN line with everyone else who SAYS they tried to intervene...not even Janet or anyone from the family have went on record on TV or anywhere to say they had an intervention with MJ, now this guy is saying HE wanted to save MJ? I say get in line with everyone else who has said that THUS far....

AND CAN THE UK TABLOIDS STOP CALLING MJ JACKO? Come on, that is a reference MJ even hated...

1737 days ago
72.

A Lawyer    

Anyone who's sat through the first year of law school property course learns to hate all the "borrowed" law from the Queen's Bench. I have had the distinct pleasure of having studyed in London and also in the States. I was only half joking too! A lot of the reasons we have so many drawn out court cases really do go all the way back to when our justice system was founded. It leaves a LOT of years and a LOT of law to sift through and bicker about.

There are quite a few reasons that I can think of why Katherine's estate lawyers would want to ask about executors:
some of them are legitimate
some of them are just nasty self serving legal tricks
some of them may be stall tactics

We don't have all the info yet, but TMZ will find it for us!

1737 days ago
73.

auntimaude    

TAKEN FROM THE DAILY MIRROR.

Jacko's doctor to stake custody claim on his kids saying: 'I'm the daddy'


'They call me uncle ..but I am their dad'

http://www.mirror.co.uk/celebs/news/2009/07/19/jacko-s-doctor-to-stake-custody-claim-on-his-kids-saying-i-m-the-daddy-115875-21530386/



1737 days ago
74.

noyankhere    

news of the world?ho hum they are a rag paper, if that was the sunday times or the independant on sunday i would bother to look it up but news of the world is tabloid journalism .. checkbook journalism they pay you to tell your story.. and everyone and his mama is getting on the "i tried to stop wako jacko taking preseciption medicine.." its no good complaining about the way they describe micheal jackson they are not fans they just want to sell papers... since when do tabloid journalist have respect for anybody..LAURENT, CAN YOU TRANSLATE PLEASE.. not everyone has a french english dictionary handy...

1737 days ago
75.

lankandiva    

With a man like Papa Joe in your life its verry hard to deffend yourelf and stand on your own 2 feet,i know this from my personal experiences...yes we cnbame katherine but i know from my own experiences how scared she must be along ith the children would've been terrified of Joe..bastard..not occe did MJ scold his mther for not doing more to protect him,he understod hhw je ws so anipulative to the point dangrous i say,especially in those days noone would talk about abuse in the house,also with their religious beliefs it was more of sin...i come fom a culture where majority think its ok to be abused,meaning eatenup,not smacked but literally bashed up to the point youcan eve die so i understand ad i dont agree i'm against al of it there is a way to do things and violence isn;t thee answer..PAPA Joe is the one whos manipulating Katherine..can noone see this?I feel for her and the famiy above all none deserves to have such a manipulative good for nothing persn in their life..Joe is scary when i see him i cringe ad want thurl..poor Mj..joe is still controling his famiy who to me are dead sared of him..ho knows what he's capable of?I bet he's threatening them ect doing everything he can and puttng pressure on Katherine..One thing i'veto say,i love Michael Jackson...alwys have and alwys will so i hope noone takes hat im about to say the wring way-If mj survved the ooverdose,imagine hw bd is life would've gotten,wow he would've ended ujp in jail most likely and forth rst of his life been ridiculed eve more..GOD knew Michael has suffered enough,and although it hurts to see is children withot their dad,if MJ survived the kids life would've been more hell..R.I.P Michael Jackson..a great loss to the worrd..there will ever be another like you..Thanks for makin my life full of song and dance andd magical memories..my prayers are ith you kids..God bless em

1737 days ago
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