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Conrad Murray to Joe Jackson: Objection!!!

10/11/2010 4:30 PM PDT BY TMZ STAFF

Dr. Conrad Murray is making it clear -- he will fight Joe Jackson tooth and nail in the Michael Jackson wrongful death lawsuit.

1011_conrad_joe
In new legal documents -- obtained by TMZ -- Dr. Murray's lawyer, Charles Peckham, is asking the judge to throw out statements attributed to Michael Jackson ... that Katherine Jackson was acting as an agent -- a go-between -- in funneling support money to Joe.

Peckham says the claims that Katherine was Michael's agent -- made by Joe's lawyer, Brian Oxman, and Leonard Rowe, the self-proclaimed former MJ advisor, are nothing but rank hearsay.

For example, Oxman said in legal papers filed last week, "[Michael Jackson] supported his father, Joseph Jackson, by making payments to his mother, Katherine Jackson, on a monthly basis."  Peckham calls Oxman an "incompetent legal expert."

Peckham also claims there is no proof Rowe ever served as Michael's advisor.


248 COMMENTS

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226.

sofi    

Mjuls,please allow me to ask a few more questions.

1)Could Michael's will be fake like some posters write?


2)Did Branca write it all by himself?

3)Is it possible that Michael put his signature on it without fully understanding it?

4)Did the executors take money out of the estate to pay themselves regarding their management of the MJJ business?

Only you can give the right information and set the record straight.Be well Mjuls.

1435 days ago
227.

r.schildt    

Now murray is goinng sicko and bizarre;He will ask Michaels children to testify for his(murray) defence by their statements re their fathers fragility.Allegedly the childtren did worry about their father;"He always felt so cold, would sit so near the fire(place)that we were frightened he could get burnt."
Was myrray not the "personal physician whose primary task it was to look out for Michaels health in every aspect?? Well he is a disgrace to the medical profession and more.--I never liked conspiration theories ,but this situation beeing what it is, I have converted.It is heart wrenching to think about all tha abuse by medialoid that sliced Michaels to pieces and the end of his life by murder.Something is very wrong...Mjuls do you have any thoughts on how legality/morality are related to each other in the USA?

1435 days ago
228.

Butterfly    

Would you sign your ` last Will`where the name from your kid is not written corectly? hhmmm!?

1434 days ago
229.

mjuls    

In reply to


Sofi Posted at 2:35 PM on Oct 15, 2010


Mjuls,please allow me to ask a few more questions.

1)Could Michael's will be fake like some posters write?
2)Did Branca write it all by himself?
3)Is it possible that Michael put his signature on it without fully understanding it?
4)Did the executors take money out of the estate to pay themselves regarding their management of the MJJ business?

Only you can give the right information and set the record straight. Be well Mjuls.


--------------------------------------------


FOR SOFI

Herein, I have attempted to answers your questions as posted.


1. Could Michael's will be fake like some posters write?

While many will reference the adage “anything is possible,” the short answer to your question is no. To date there has been no evidence, credible or otherwise to suggest Mr. Jackson’s will is fraudulent.


2. Did Branca write it all by himself?

The notion Mr. Branca drafted Mr. Jackson’s will is a popular misconceptions I see repeated by fans time and time again.

It is customary in situations where a client chooses to nominate an attorney as their personal representative (executor) to have a different attorney, one whom specializes in wills and trusts, oversee the drafting of the actual instrument. This is especially true when dealing with high-asset estates like Mr. Jackson’s. Oftentimes the wills and trusts attorney(s) is a member of the same law firm. In order to maintain the highest legal and ethical standards, law firms employ outside agencies to ensure strict adherence to ethical standards and practices and advise them in situations in which conflicts of interest may be construed. Mr. Jackson had the option to choose a third-party law firm to draft his estate instruments and was counseled accordingly. It was Mr. Jackson who opted to have the wills and trusts lawyers at Ziffren Brittenham (Mr. Jackson’s law firm of record at the time; and where John Branca remains a partner) draft his estate instruments. We know this because Mr. Jackson signed a waiver to that effect at the time he commissioned his will. Mr. Branca was in no way involved with the drafting of Mr. Jackson’s Last Will; Nor did he provide legal counsel to Mr. Jackson pertaining to the will.

The signed aforementioned waiver, as well as sworn affidavits from the attorneys responsible for drafting the will and the outside ethics firm who reviewed the procedures at the time the will was drafted were reviewed by the court before Judge Beckloff’s ruling appointing Messrs. Branca and McClain as Special Administrators.

Los Angeles County is notorious as the most difficult county in California to bring a probate case. Mitchell Beckloff is a tough, but fair judge and his record is exemplary. He is an expert on probate law and is reputed for his careful review and weighing of each detail. There is nothing to suggest wrongdoing by the attorneys, executors, or the probate court.


3. Is it possible that Michael put his signature on it without fully understanding it?

I have to refer you to my answer for question one. There is no evidence to indicate that Mr. Jackson was not of sound mind free from undue influence or duress at the time he executed (signed) his Last Will.


4. Did the executors take money out of the estate to pay themselves regarding their management of the MJJ business?

This is another hotly bantered about misapprehension as a result of shallow reporting. The answer is no, they are not cutting checks to themselves. Under California law until the probate process is complete, Judge Beckloff must approve all compensation and allowance requests.

In January the co-executors petitioned the court to allow them to receive a commission rate of 10% on new business they generate for the estate. Judge Beckloff approved their petition. The only thing unusual about their request - if you want to call it that - was Mr. Branca and Mr. McClain only asked for 10% commission. (The current, generally accepted rate when brokering deals of this nature is 18-25%. Because of this, had they requested a greater percentage the court would have had no reason to deny them. It should also be noted that the $12.5 million commission fee - a fee which could have easily been more than double that amount - was paid into an escrow account and will be released once the estate is settled.) In addition to asking the court for a lower percentage, Messrs. Branca and McClain limited their petition to new business ventures and waived their right to receive compensation on income and profits generated by the “This Is It” film and soundtrack and the Sony/ATV and MiJac catalogs.

Once Mr. Jackson’s estate is discharged from probate his co-executors will be compensated for having fulfilled their duties. California has statutory fees when it comes to compensation for executors based on the gross value of the estate. Due to the complex nature of Mr. Jackson’s estate and because the gross value is greater than twenty-five million dollars, the actual amount of compensation to be paid will be determined by the court.

I hope you find my explanations helpful. If you have follow-up questions or require further clarification I am happy to answer to the best of my ability.


Be well,

Mjuls, Esq.

Portions of this post have been previously published by me. If you choose to copy all or parts of this post into another forum you must credit “Mjuls” and include the appropriate disclaimer.

**DISCLAIMER: The information expressed is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

As a matter of record I state I am in no way affiliated with the Estate of Michael Jackson.

1434 days ago
230.

eddie     

FAKE...WILL...FAKE...EXECUTORS... = to A BIG TIME COVER-UP...!!!

1434 days ago
231.

r.schildt    

Joe- you should seek the advice and opinion of an MD in emergency medicine.There is something that does not fit:Autopsy report states body weight 136 lb,I believe that was Michaels normal weight.On the site "Thisisnotit" some people who had personal contact with Michael, the months, weeks up to 6/24 2009 state that he was thin like a skeleton and his weight 110-115lb, minus the dehydration early morning 6/25. So about 1.30 am on 6/25 murray starts the iv`s to rehydrate,without any access to a lab for electrolyte balance.If rehydration is done too fast or excessively it is dangerous and can affect the brain causing yatrogenic, that is medically induced, confusion.
Electrolyte balance is also of vital importance for heart function.Michael should have been taken to an ER that morning, not doing so is malpractice.Because murray had malpractised all along he could not do that.Remember autopsy also noted swelling if the brain.

1433 days ago
232.

r.schildt    

P.S. to above comment. As his "personal physician ,Michael beein anorectic, he should have followed his weight on a daily basis. Any notes on treatment available? There should be.

1433 days ago
233.

toniop2    

TO MJULS,

Do you know if a dependent parent has standing to contest the will or to oppose the appointment of an executor ?

In this case : http://www.lawlink.com/research/CaseLevel3/24741

"The phrase "any person interested" includes only persons who, either absolutely or contingently, are entitled to share in the estate. [4] Appellants are not entitled to share in the estate. They do not have any pecuniary interest in the devolution of the estate as may be defeated or impaired by the probate of the will. They are not in any way interested in [96 Cal.App.2d 336] preserving the assets, or in the settlement of the estate. They have no right to oppose the probate of the will or the grant of letters of administration with the will annexed, or to appeal from the order with respect thereto."

But oxman claims Joes is a statutory beneficiary under Civil Code (37760......). So he has standing.

Here :

http://www.allbusiness.com/legal/trial-procedure-appellate-decisions/14947554-1.html

What are your opinion ?

1433 days ago
234.

toniop    

TO MJULS,

Do you know if a dependent parent has standing to contest the will or to oppose the appointment of an executor ?

In this case : http://www.lawlink.com/research/CaseLevel3/24741

"The phrase "any person interested" includes only persons who, either absolutely or contingently, are entitled to share in the estate. [4] Appellants are not entitled to share in the estate. They do not have any pecuniary interest in the devolution of the estate as may be defeated or impaired by the probate of the will. They are not in any way interested in [96 Cal.App.2d 336] preserving the assets, or in the settlement of the estate. They have no right to oppose the probate of the will or the grant of letters of administration with the will annexed, or to appeal from the order with respect thereto."

But oxman claims Joes is a statutory beneficiary under Civil Code (37760......). So he has standing.

Here :

http://www.allbusiness.com/legal/trial-procedure-appellate-decisions/14947554-1.html

What are your opinion ?

1433 days ago
235.

r.schildt    

Why do you claim my e-mail address is not valid, it has been valid for 1 year + ???

1432 days ago
236.

r.schildt    

Why do commensa disappear time after time???

1432 days ago
237.

r.schildt    

Where did my comment disappear??

1432 days ago
238.

r.schildt    

People close to Michael were denied access the last day or days of his life due to high security that did not have his interests
at heart.This security efficiently isolated him from any true
friends, who where worried about him.See Testimomials at #Thisisnotit".Nobody can yet know exactly what happpened ,but Michael was surrounded by security to keep him isolated and people who stood to gain from his death.Thome-thome considered him an institution and not a human being.His own words.murray was a slut ,and a disgrace to the medical profession,he has also gained by his creat wrongdoings.He malpracticed and made a mockery of "medical care".He most likely messed up with the rehydration as well.The only correct thing to do morning of 6/25 2009 was to take Michael to an ER.Not dooing that is malpractice as well.And nobody knows how confused the inept trements by murray had rendered Michael.Neither do we know how willingly he took the deadly poison.Yes every medicine is a poison when given in eccess.All controll over the situation 6/25 am was taken away from Michael.And yes,in case there is misconception: You can drive another person to suicide.I have this from the horses mouth in London,UK by the most prominent
of physicians.

1432 days ago
239.

mjuls    

In reply to


Toniop2 Posted at 7:44 AM on Oct 18, 2010


TO MJULS,

Do you know if a dependent parent has standing to contest the will or to oppose the appointment of an executor ?

In this case : http://www.lawlink.com/research/CaseLevel3/24741

"The phrase "any person interested" includes only persons who, either absolutely or contingently, are entitled to share in the estate. [4] Appellants are not entitled to share in the estate. They do not have any pecuniary interest in the devolution of the estate as may be defeated or impaired by the probate of the will. They are not in any way interested in [96 Cal.App.2d 336] preserving the assets, or in the settlement of the estate. They have no right to oppose the probate of the will or the grant of letters of administration with the will annexed, or to appeal from the order with respect thereto."

But oxman claims Joes is a statutory beneficiary under Civil Code (37760.........). So he has standing.

Here :

http://www.allbusiness.com/legal/trial-procedure-appellate-decisions/14947554-1.html

What are your opinion ?


--------------------------------------------


FOR TONIOP2


Great post!  I think it’s terrific you took the time to build a foundation for your question.
 
I will not bore you with a lot of legalese except to tell you that the case you cited, CURRY v. SOBEL et al., RE THE ESTATE OF CHARLES BILY, while similar in subtext, is not on point in regard to the action taken by Joseph Jackson and Brian Oxman.
 
You asked does a dependent parent have standing to contest a will or oppose the appointment of an executor? In the case of Joseph Jackson, under California law and unless the appellate court decides otherwise, the answer is no. 
 
My analysis of the action currently awaiting adjudication by the California Second District Court of Appeal is that there is no logical basis to support Joseph Jackson’s defense; i.e., he doesn’t have a leg to stand on. The law simply does not support his argument. Let me put it another way. If Joseph Jackson is successful in his appeal, and the court rules in his favor, it will be nothing short of stunning and new case-law will be made. 
 
Technically the appellate court has up to 90 days to issue their ruling. It will not take that long; My guess is they will issue their ruling this week, next week at the latest.  
 
Thank you, Toniop2, I hope you find my explanations helpful.


Be well,

Mjuls, Esq.

Portions of this post have been previously published by me. If you choose to copy all or parts of this post into another forum you must credit “Mjuls” and include the appropriate disclaimer.

**DISCLAIMER: The information expressed is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

As a matter of record I state I am in no way affiliated with the Estate of Michael Jackson.

1432 days ago
240.

sofi    

Mjuls,thank you for taking the time to answer my questions
Yes your explanations have been very helpful.
Thank you again Mjuls,be well.

1432 days ago
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