Trial & Heirs™ » Michael Jackson

Michael Jackson Estate Battles – the Year in Review

Andrew and Danielle — Fri, 25 Jun 2010 01:38:58 +0000

The one year anniversary of Michael Jackson’s shocking death on June 25, 2009 is upon us. While his music and thriller dance moves live on, unfortunately, so do the legal battles over his estate. Let’s moonwalk backwards through the past 12 months to review the courtroom clashes and combative issues involving the King of Pop’s estate.

June 25, 2009 – Michael Jackson unexpectedly dies at the age of 50 as he is about to embark on a comeback concert tour.

June 29 – Katherine and Joe Jackson, Michael’s parents, file to open the probate estate of Michael. They allege that he died without a will and ask for Katherine to be appointed to administer his estate. Katherine filed to be appointed as guardian of Michael’s three children the same day and is granted temporary authority to assume custody of them.

July 1 – John Branca, Michael’s former attorney, and John McClain, his former manager, file their own probate petition, asking the Judge to appoint them as executors of Michael’s estate based on a will Michael signed July 7, 2002. The will names Katherine as the person Michael wanted to care for his children, with Diana Ross as the back-up. The assets are left to the Michael Jackson Family Trust. Estimates of the estate’s value exceed $500 million, despite reports that there was so much debt to render Michael Jackson insolvent.

July 6 – Over Katherine’s strenuous objections, the Judge appoints Branca and McClain as the estate executors on a temporary basis.

July 20 – Katherine’s attorneys lose a preliminary battle in court when the Judge denies Katherine’s legal team the right to see important documents impacting the estate, such as the contract over his concert tour that was canceled when he died. But, she wins the right to be guardian of the kids permanently because Debra Rowe (the biological mother of two of the kids) withdraws her claim to be guardian.

August 6 – Katherine agrees not to challenge the 2002 will during a court proceeding, but reiterates her desire to have Branca and McClain removed as executors, asking the Judge for permission to file a legal petition to disqualify them.

August 24 – According to the LA Coroner, Michael’s death was a homicide caused by too many drugs.

September 3 – Michael’s body is laid to rest.

September 17 – Court documents are revealed showing that Katherine Jackson receives $86,000 per month to support herself and the three kids. Of interest is her monthly $1,000 “grooming allowance.”

September 18 – The Judge gives Katherine permission to challenge the estate executors for “undue influence” without losing her rights as a beneficiary. This set the stage for a challenge that Branca and McClain improperly convinced Michael to name them as executors in his will, instead of Katherine or others.

October 22 – Reports surface that Katherine changed lawyers. The new lawyers plan to take her case in a “new direction” based on “new evidence.” Michael’s brother, Randy, says Michael may not have signed the will because he was in New York the day it was allegedly signed in Los Angeles.

October 28 – The This Is It movie, from a deal inked by Branca and McClain on behalf of the estate with Sony, is released. The movie earns $50 million for the estate (and hundreds of millions of dollars for Sony).

November 10 – Katherine Jackson, represented by new lawyers, drops her legal challenges to Branca and McClain serving as executors. Lawyers for Joe Jackson are shocked over the “secret deal” and called it “despicable.” Joe sues to pick up the claim that Katherine dropped, but the Judge denies his request because he is not a beneficiary.

February 3, 2010 –The Judge approves a request by Branca and McClain to receive 10% of all new deals they sign for the estate (excluding the movie profits and previously-released music).

March 17 – It is widely reported that Branca and McClain ink a deal with Sony to release new Michael Jackson songs through a seven-year deal with Sony, for a whopping $250 million. This nets them each $12.5 million in fees.

May 30 – A British website posts a copy of Michael Jackson’s Trust, which is usually a private document. It reveals that Katherine gets the use of 40% of his assets during her lifetime (the balance then goes to Michael’s children), the children receive 40% of the assets, and 20% is taken off of the top of the Trust assets for charities.

June 20 – Billboard magazine reports that the Michael Jackson Estate has earned more than a billion dollars since he died, in just under a year.

June 21 – Katherine Jackson and a man named Howard Mann disclose that they are about to release a book about Michael from Katherine’s perspective. Mann says he is also going into business with Katherine to sell 273 unreleased songs recorded by Michael that he obtained from a storage locker owned by the Jackson family, until they failed to pay the bill. The estate’s lead lawyer threatens to sue.

Whew! While it’s only been a year, the drama surrounding Michael Jackson’s estate is certain to continue for a long time. The sad fact is that if Michael would have simply transferred his assets into his Trust, much of this drama could have been avoided and would have been out of the public eye so the continuous airing of the family’s squabbles could have been avoided. Take a lesson away from Michael’s estate for your own family. Finish what you start! It’s not enough to simply create a Trust and sign it at the attorney’s office; you need to complete the Trust process by transferring your assets into the Trust.

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys. As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand. Email them at contact@trialandheirs.com. Find us on Facebook!

Michigan Bar Journal Review of Trial & Heirs

andrewwmayoras — Tue, 08 Jun 2010 13:51:16 +0000

The State Bar of Michigan’s montly journal has recently reviewed our book, Trial & Heirs: Famous Fortune Fights!. Here are some of the highlights:

After reading Trial & Heirs, I am convinced that I need an estate plan. It’s time to get serious about, you know, death. Danielle and Andrew Mayoras, Michigan estate-planning attorneys who are married to each other, have written a lighthearted book. But a reader can’t miss what they’re really talking about: the dreaded D-word. Isn’t the whole point of estate planning to plan for your own inevitable death? Luckily, the Mayorases probably agree with Bugs Bunny: “Don’t take life too seriously; no one gets out alive.”

The whole point of estate planning is to control your property from the beyond. Or, if the decedent (legalese for dead person) is a bit more altruistic, to lessen the pain of death, taxes, and unnecessary disputes for survivors. And most disputes are avoidable.

In fact, “Avoid a family fight!,” a sidebar in every chapter, is one of the more important features of this book. We all know nice people from loving families who, after the death of a parent, suddenly became greeneyed monsters. These sidebars discuss, very briefly, how to slay the monster—or, better yet, avoid the monster’s appearance altogether. The authors offer tips, some obvious and others not, for avoiding disputes. In one sidebar, for example, the tip is to avoid fighting because of the legal fees the estate will incur (and this from two lawyers!). The authors give two examples: the Johnson & Johnson legacy, which took 210 lawyers, 22 law firms, and $24 million in fees (the wife, a former chambermaid, took $300 million); and the Leona Helmsley estate, which was settled between her grandchildren and her dog (Trouble, the dog, took $2 million).

Mere mortals like you and me needn’t worry about estates of that size, but everyone should be concerned about the emotional costs of family fights. And family fights result from poor estate planning. Where there is uncertainty in a will or estate plan, there will be unrest. Where there are gaps, there will be greed. And where there are mistakes, there will be fights.

* * *

If you are an estate-planning lawyer, you shouldn’t read this book. Do read, however, the “official disclaimer” on the first page; it’s clever. But consider buying the book in bulk as gifts for your clients or as a marketing tool. You’ll have to accept the overuse of exclamation points, the overdone design, and the celebrity caricatures that are not all recognizable. But remember that an informed client is a better client, and a client who understands some of your language is one who is easier to talk to. I bet you can get a quantity discount from the publisher.

What do they mean too many exclamation points?!?! How dare they?!!!! We would never! ever! use . . . well, you get the point.

Seriously, if you’d like to read the whole review, here it is.

Michael Jackson living trust revealed

andrewwmayoras — Thu, 03 Jun 2010 13:46:32 +0000

With so much exposure and scrutiny on everything that’s happened to Michael Jackson’s estate since he died, it should probably come as no surprise that his living trust has been leaked to the media and made public. Wills are public documents and available for everyone to read (once they are filed with the probate court after someone dies). Accordingly, the Michael Jackson will has been floating around for months.

Trusts, however, are another matter. Living trusts are intended to be private documents, operating outside of the court process (unless there is a dispute or challenge).

Someone decided to sneak a copy of Michael Jackson’s living trust document to the press, and a British website has the complete document online for your reading pleasure. Click here to read the Michael Jackson Family Trust.

Note that the website mistakenly refers to this document as his “Will” — it’s actually his trust, not his will.

So what does the King of Pop’s trust reveal?

First, consistent with prior media reports, charity gets the first 20%, with the rest split equally into two separate pots to be held for the benefit of his children and his mother, Katherine. When Katherine passes, her share goes onto the children.

Interestingly, the portion that goes to charity is from his ”gross” estate, meaning the charities get their share before paying taxes and other expenses (which are high, given the estate executors high fees and commissions). This means that Michael Jackson’s children and mother actually get less than 40%, each, because the estate taxes and other expenses of the estate and trust are paid from their shares only, not the charities’ shares.

Katherine Jackson and Michael’s two estate executors, John Branca and John McClain, get to decide what charities get the money. They have to choose charities that benefit children or children’s causes. It’s interesting that Michael included Katherine in this, but excluded her from acting as trustee or executor to manage any of his assets.

As with many standard trusts, Michael Jackson’s children do not get their shares now. Rather, the trustees will administer the money for their benefit, giving them quarterly payments (and more as needed for their living expenses, education, buying a home, starting a business, or other reasons) with the rest passing to them in stages. They get all of the income earned from their share of the trust assets throughout their lives, but the bulk of the money gets turned over to them at ages 30 (one-third), 35 (one-half of the rest), and finally, age 40 for the remainder.

And what of the trustees’ compensation? The Probate Lawyer Blog previously discussed how the high commissions paid to the estate executors might have been different if the trust assets had been funded into the trust during Michael Jackson’s lifetime (which means that there would not have been a “probate” estate and the will would not have been used, so everything could have been handled outside of court).

If that had been the case, perhaps the estate executors (which include Michael Jackson’s former attorney, John Branca, who drafted the will and trust), would not have been able to earn 10% on certain business deals as they now receive. Why? Because trusts often specify the level of trustee compensation and could have limited this percentage.

It turns out that Michael Jackson’s Trust does not limit how much his trustees are to be paid. Rather, the trust allows them to receive “reasonable compensation”, without needing a court order. While this is fairly typical language for many trusts, it does again raise the question of whether a 10% commission for the executors is “reasonable.”

Overall, there are no big surprises with Michael Jackson’s trust, other than the fact that it is pretty basic. Of course, nothing else about his estate planning has been sophisticated, so why would his trust document be?

That’s why people should work with experienced estate planning attorneys, not general attorneys who specialize in other areas of the law and offer to help with a will or trust. Not all wills, trusts, or other estate planning documents are created equal.

If you or your loved ones haven’t put your affairs in order, take the time to ask around and search out a lawyer who truly specializes in wills and trusts. Don’t leave your legacy up to chance by working with an attorney who doesn’t have the expertise to fully protect your loved ones after you are gone.

Michael Jackson executors sorting through requests for money

andrewwmayoras — Sun, 24 Jan 2010 21:30:22 +0000

It’s been seven months since the King of Pop died suddenly at the age of 50, and fights surrounding his estate seem like they may last for many years to come. Creditors are coming out of the woodwork, with new ones surfacing on a weekly basis. The latest, a management company, joins a series of business, medical and spiritual advisers and others who insist they are owed money, totaling more than $20 million, already. That total will certainly climb.

The estate co-executors, John Branca and John McClain, have to sort through the requests for money and try to determine the legitimate ones from the ones that are, well, more fiction than fact. It’s common when someone wealthy and eccentric passes to have all sorts of people saying they are entitled to money. (Jerry Garcia, James Brown, and Marlon Brando are a few notable examples that we cover in Trial & Heirs: Famous Fortune Fights!).

One of the more interesting requests is from Michael’s father, Joe Jackson, who wants $15,000 per month in support. He says that his famous son supported him financially while he was alive and that he doesn’t really have any other source of income. Executors Branca and McClain recently filed an opposition to the request.

As they point out, Joe Jackson is not a beneficiary of Michael’s will or trust, which would normally end the story. However, in California, the law allows him to receive support if he can prove he was financially dependent on his famous son while alive. His attorney promises to show that they were not only close, but that Michael did in fact support his father.

Branca and McClain say they want to preserve money for Michael’s beneficiaries – his kids, mother and still unnamed (at least publicly) charities. An admirable position, to be sure, but rather interesting in light of something else the pair did a few days ago.

Branca and McClain asked the California judge overseeing the estate for permission to pay themselves 10% of earnings they create for the estate for business deals they reach using some of Michael’s assets. Specifically, they want to take unreleased music he recorded and promote it, keeping the 10% fee as a commission. They aren’t asking for this fee for money made from Michael’s previously-released music, “This Is It” movie proceeds, and his share of the Sony-ATV music catalog.

The co-executors point out that this is actually less than what advisers for other musicians’ estates receive (15 to 25% they say). But, normally, an estate executor would hire an outside adviser to negotiate deals like this. Branca and McClain want to do it themselves and receive this fee.

This is curious, especially for Branca, because was also Michael Jackson’s attorney. In fact, he was the attorney who reportedly drafted the 2002 will through which he was named as an executor. An attorney who prepares a will or trust and then is put in a position to earn a hefty fee through that very document does raise some questions. And Branca and McClain both aren’t shy about trying to make money from their positions as executors.

Is this consistent with trying to maximize what Michael’s children, mother and favorite charities receive? That is what they point to as driving their efforts to oppose Joe Jackson’s request for money.

Of course, by allowing them a percentage-based fee, it would maximize their incentive to generate more money for the estate. But, that is part of their job, already.

But, it’s not like executors receiving a percentage fee is unheard of. Corporate executors and trustees (banks, for example) are often named by wealthier people to administer their affairs after death, and in those cases, they are usually paid a percentage fee as their payment.

And, if Michael Jackson’s estate is going to pay someone a fee to do this anyways, why not pay them? They are an experienced entertainment lawyer and music executor, so they are qualified for the job, it would appear.

Ah, the complex world of estate and trust administration. It isn’t always black and white. This is true for wealthy estates, and modest ones as well. While most families don’t have to worry about what percentage of music royalties should be paid to whom, questions of whether executors and trustees are being fair, charging too much money, or treating the beneficiaries equally arise time and time again.

If you are in a situation and have a question of whether an estate is being properly administered, don’t hesitate to consult with an experienced probate attorney.

Posted by: Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs: Famous Fortune Fights! and co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law. You can email him at awmayoras @ trialandheirs.com.

New Michael Jackson Estate Deal Reported

andrewwmayoras — Sat, 28 Nov 2009 20:14:14 +0000

A couple weeks ago, I wrote how Katherine Jackson had a surprising “change of heart” by dropping her challenge to the executors for Michael’s estate. In fact, her husband Joe Jackson was shocked — his lawyer called the move “despicable”.

Well, if this exclusive report from the United Kingdom website News of the World is accurate, we now know why Katherine did so.

According to this report (which has been picked up by MSN Entertainment along with other websites), Katherine made the deal because the executors, John Branca and John McClain, had agreed to add a trusted family member as a third executor. And, even better, this new executor would have veto power over decisions of Branca and McClain.

So who is the trusted family member? Taj — Tariano Adaryll Jackson, Michael’s 36-year old nephew and Tito Jackson’s son. He is reportedly very close to Michael’s children and mother, and was Michael’s favorite nephew. He’ll be able to give the family a voice.

This explanation makes a lot of sense. It had been reported for months that Katherine and the two executors had been closing in on a deal where a family member would be added to the estate administration team to address Katherine’s concerns.

As a probate lawyer specializing in contested cases like this one, I applaud the fact that Katherine and the two executors were able to settle their dispute. They had already spent so much time and money fighting in court, putting an end to the challenge only made sense. It’s very important in cases like this one for people to put emotions aside and try to reach a resolution that makes sense for everyone.

Is it easy to do? No, which is why working with an experienced attorney is a must. If you find yourself in a mess like this and need the help of a good attorney, you should check out Trial & Heirs: Famous Fortune Fights!, which teaches people their legal rights in will and trust disputes, with the help of celebrity stories like this one. It also helps with tips on finding good attorneys.

Or you can visit the Trial & Heirs website and fill out a questionnaire, and we’ll help you (at no cost) find an attorney.

So does this mark the end of the Michael Jackson estate fight? Maybe. Joe Jackson reportedly isn’t ready to give up yet. He is planning to appeal the judge’s decision not to allow him to seek removal of Branca and McClain. So stay tuned … it may not be over yet!

Katherine Jackson’s Shocking Change Of Heart

andrewwmayoras — Thu, 12 Nov 2009 09:42:51 +0000

The Michael Jackson Estate has been the subject of regular court hearings as Katherine Jackson battled for control over the last several months. She routinely objected to the decisions of the co-executors John Branca and John McClain. Recently, she hired a new attorney with the promise of taking the case in a new direction, as I discussed in this recent article about the Michael Jackson case.

Her case took a new direction, all right. She decided to drop her claim. That’s right, she stopped fighting and agreed to let the executors run the show without her.

Surprised? I was. And I was far from the only one. Here’s what a lawyer in the case said about Katherine Jackson’s change of heart, according to CNN:

“She has now reneged on her obligation to her family.” This same lawyer then said that it was “one of the most despicable displays” he’d ever seen in court. He even accused Katherine of colluding with the estate executors in a “secret deal”.

So who was this attorney representing? None other than Joe Jackson — Katherine’s husband of 60 years. Granted, they don’t live together, but obviously, he was taken aback about what happened.

And Joe and his attorney didn’t take it lying down. In fact, they filed their own petition to remove the executors, claiming they had a conflict of interest and failed to disclose to the court that Michael Jackson was in New York the date the will was signed, calling into question whether it is even valid.

But the judge ruled that Joe Jackson didn’t have legal “standing” to make that claim because he wasn’t a beneficiary. In other words, he had no horse in the race, so to speak, so he wasn’t allowed to try to remove the executors. The only ones who can do so are Katherine Jackson, the three children (who are minors — and they act through their guardian, Katherine), or the unnamed charities that so far have not been publicly revealed.

So, at this point, unless Katherine Jackson has another change of heart, or unless another beneficiary comes forward, the legal fighting may be at an end … at least in this court. Joe Jackson’s attorney has promised to appeal the verdict and try his luck in another court.

He did get one bit of good news. The judge allowed him to proceed with his request for a monthly allowance from the Michael Jackson Estate in the amount of $20,000/month. The judge hasn’t agreed to give him that yet, but at least he has the right to file a request for it.

Perhaps trying to pacify her now-angry husband, Katherine Jackson reportedly said she won’t contest his request for an allowance.

Wow this is getting interesting! And I have a feeling we haven’t heard the last of this issue. But, we’ll have to wait and see.

The Michael Jackson case shows how important the proper estate planning is for everyone. The better your legal planning, the less likely you’re family will fight over your money when you’re gone. So don’t delay; go see a good estate planning attorney now. Or your family may end up hiring probate litigation attorneys later.

And if you have a loved one in your family who doesn’t want to do estate planning, and you need help convincing him or her, here’s something that may help.

New evidence coming in the Michael Jackson Estate case

andrewwmayoras — Mon, 26 Oct 2009 20:41:14 +0000

The Michael Jackson probate dispute between his mother and his two executors has been active since it started this summer. But it looks like it’s about to really get heated up.

For starters, Katherine Jackson, Michael’s mother and a primary beneficiary (along with his children and unnamed charities), has been challenging decisions made by co-executors John Branca and John McClain on a regular basis. She had asked for, and received, permission from the judge to allow her to challenge them based on conflict of interest and undue influence without jeopardizing her rights as a beneficiary under the “no contest clause” of Jackson’s will and trust.

A “no contest clause” is a common provision than many people use in their wills and trusts to discourage family fighting. It usually says that anyone who files a legal challenge and loses gives up their inheritance. Katherine Jackson wanted to be free to challenge Branca and McClain without fear of losing her inheritance, and the judge allowed her to do so.

So far, her challenge have been limited to objecting to certain decisions they make (such as the many business deals they’ve entered into on behalf of the Jackson Estate) and asking the judge to reduce their legal authority. The judge so far has allowed them to keep control and make decisions, including entering into business deals and deal with creditors without his approval, as long as Katherine didn’t object. He also recently reiterated that Katherine Jackson is be kept informed.

But it seems this isn’t enough for Katherine. Instead, she seems ready to ramp up her efforts. Just a couple days ago, Katherine replaced her legal team with a new attorney, who has handled celebrity probate battles in the Anna Nicole Smith, Marlon Brando and James Brown cases.

One of the other attorneys representing Katherine says that this new probate lawyer was brought in because of “new evidence”. This evidence must be important, for he also said, “The case is now moving in a different direction”.

So what is the new evidence? Cnn.com and TMZ both said the new evidence questions the authenticity of Michael Jackson’s signature on the will. Family members said that he was in New York when the will was supposed to have been signed, meaning he couldn’t possibly have signed it.

What do you think? You can read Michael Jackson’s will here and see his signature for yourself.

Disputes over celebrity wills, trusts and estates can make for interesting reading. But they can also be very helpul for those who don’t want their families to end up the same way. Don’t let your heirs suffer from the same celebrity planning errors that happen time and time again.

Visit TrialAndHeirs.com to learn more how to use these celebrity stories to protect your family.

Michael Jackson death ruled a homicide

andrewwmayoras — Mon, 21 Sep 2009 17:08:13 +0000

A wrongful death lawsuit is a certainty now. In a previous article about the Michael Jackson Estate, I wrote how a wrongful death lawsuit was likely due to the unusual circumstances surrounding his death. Now, the Los Angeles County coroner reportedly determined that Jackson died through a homicide. This doesn’t automatically mean it was a criminal act. Officially, it means he died at the hands of another.

But let’s put semantics aside. Everyone expects that criminal charges will follow. Dr. Conrad Murray, the Las Vegas cardiologist who treated Jackson, is under investigation for manslaughter because he administered the lethal dose of drugs to the King of Pop to help his sleep. Here is the Associated Press article about the investigation and coroner’s report.

Rumors started before this that the Jackson family wanted to bring a wrongful death claim. With this new report, you can bank on it happening.

As in most states, California wrongful death claims are brought by either the personal representatives of the estate or by the heirs entitled to damages. Those heirs include, in this case, the children as well as Jackson’s parents — but only if the parents (one or both) were financially dependent on him. It’s been widely reported that Katherine Jackson was supported by her son, so she seems the most likely candidate to bring the claim for herself and the three children. She has already been appointed as their guardian.

The wrongful death damages available under California law include the financial support that Jackson would have contributed to the heirs (certainly a lot in this case), as well as compensation for the loss of love, society, companionship, protection, and affection, among certain other items. The family is not entitled to recover for emotional loss like grief or sorrow, but the other claims will be substantial enough. Punitive damages (for punishment) are also possible.

Katherine Jackson will be smart to seek the services of an experienced personal injury attorney who also deals with probate issues, because maneuvering claims of this nature through the court system can be tricky without a good lawyer. In Michigan, for example, such a claim would require a court hearing in probate court or circuit court, depending on whether a lawsuit was started, and when and how a settlement occurs.

It’s serious business for anyone who suffers a tragedy like the children and other loved ones who survived Michael Jackson. While personal injury attorneys often suffer a bad reputation, the truth is there are many, many quality people who practice law in this area because they enjoy helping people. And for people who have been injured or survived the unexpected death of a loved one caused by negligence, a good personal injury attorney can be a lifesaver.

Posted by: Probate attorney Andrew W. Mayoras, co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law, among other areas. You can reach him by phone at 248-641-7070 or email at blog @ trialandheirs.com.

Katherine Jackson still batting for say in Michael’s Estate

andrewwmayoras — Mon, 31 Aug 2009 22:05:13 +0000

The Michael Jackson Estate was back in court this week. The first order of business for the judge was to approve the appointment of Katherine Jackson and the guardian for the children, after she and Michael’s ex-wife, Deborah Rowe, reached a deal allowing it.

Doctor Arnold Klein showed up to voice objections to the arrangement, saying he had a “unique interest” in the children’s welfare. Because he had no legal right to contest the guardianship (he’s not a relative, although media reports suggested he may be the biological father), the judge refused to hear him. There are rumblings that Dr. Klein may still lodge a fight for the children, so watch out for that.

The judge then ruled that Michael Jackson’s will (which you can read here) was formally admitted to probate. Katherine removed her petition objecting to it, allowing the two named executors John Branca and John McClain to continue serving in that role.

Think this means the fight to control the estate is done? Think again. The case will return to court in early October on Katherine’s petition to allow her manage the estate with (or possibly instead) of them. Michael’s will named three executors, and one chose not to accept the appointment. Katherine wants to fill that vacant role, or at least have another family member do so; but she is also asking the judge for permission to have the co-executors disqualified.

The Associated Press carried a very interesting story about how Katherine was very involved in Michael’s business decisions while he was alive, and that she was his most trusted business confidant. Which, of course, leads to the big question – why didn’t he name her as one of the executors of his will?

This article suggested there may be tax implications if she had been, because she is a prominent beneficiary of his trust, reportedly entitled to 40% of his estate (with 40% going to the kids, and 20% to charity). That explanation does not make sense, however. People can be both executor or trustee and still be a beneficiary — it’s done all the time.

The real reason, in my opinion? Michael was sloppy. The Associated Press article said he changed business managers often. Which means, he should have changed his will and trust often too. Just because he may have changed his mind about the people he trusted to manage his business affairs, it doesn’t mean that there will be a change in who would be executor or trustee. That only would happen if Michael actually signed a new will and/or trust — or if Katherine Jackson’s attorneys convince the judge that the two currently acting executors aren’t suitable to act in that role.

As I’ve already written, if Michael did his estate planning properly, he wouldn’t need to have this whole mess sorted out in court, because his trust would control rather than his will (wills always have to pass through probate court, trusts generally do not).

So, it seems to me, that the King of Pop didn’t take the time to update his will and trust when he should have. Perhaps, had he done so, he would have given legal authority to his mother or other family members.

But he didn’t, so the family will return to court – again — to sort this issue out.

Unless, of course, they reach a deal. And that is possible. One of the executors reportedly said that they are open to the idea of Katherine serving as co-trustee and having a say in business affairs of the estate and trust. They are in negotiations for that possibility right now.

In the meantime, the judge did give Katherine the right to review the big contract the co-executors signed for the estate, for a reported $60 million. This deal with AEG and Columbia will reportedly allow a movie and other ventures involving the rehearsal footage for Jackson’s last concert tour, which never happened because of his untimely death. You can read the details here.

I’ve said it once, I’ll say it again. Stories like the Michael Jackson Estate saga serve a valuable lesson. Don’t put off updating your will and trust. Doing so often creates a mess for your loved ones to sort out after you’re gone. Visit a good estate planning or elder law attorney now!