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Michael's Estate and co. VS. Janet and co.


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The Scandalously Boring Truth About Michael Jackson's Will

Forbes reviews the King of Pop's previous four wills - all of which include current executor & exclude siblings, father

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(ABOVE: Co-executor John Branca and Michael Jackson, circa 1987. Jackson served as best man at Branca's wedding.)

More than three years after his untimely death, Michael Jackson continues to make headlines -- most recently as a result of a controversy over his will this summer. A few of his siblings labeled the document “false” and “fraudulent”; representatives for his estate countered by saying, “We are saddened that false and defamatory accusations grounded in stale Internet conspiracy theories are now being made by certain members of Michael’s family whom he chose to leave out of his will.”

Unfortunately for news hounds, the scandalous truth about Michael Jackson’s will is that there isn’t really much of a scandal, from a legal perspective.

Last week FORBES obtained a copy of the latest will from the Los Angeles Superior Court (as others have before) and separately viewed three previous versions of the will, all of which are remarkably consistent and serve to confirm the boring reality: The will is in no real danger of being overturned, and even if it were, it would be replaced by a virtually identical previous version.

“If a later will is found to be invalid … the last will prior would be given full force and effect,” confirms Andrew Katzenstein, a partner at law firm Proskauer, who teaches the Estate and Gift Tax class at the University of Southern California.

Michael Jackson’s postmortem plans haven’t changed much over the years. His 1995 will names John Branca (current co-executor of the estate), Bert Mitchell and Marshall Gelfand as co-executors.

Like all subsequent versions of the will, it specifies that the King of Pop’s interests be placed in an entity known as the Michael Jackson Family Trust, which stipulates the following distribution: 20% to charity, and the remainder split between a lifetime trust for Michael’s mother, Katherine Jackson, and a trust for any children Michael might have.

Upon Katherine’s death, any remaining funds would revert to the children.

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(ABOVE: A Jackson family gathering. Randy, Jermaine, Rebbie, and Janet Jackson recently signed a letter slamming the MJ estate executors, accusing them of forging the King of Pop's will.)

The second will, dated December 10th, 1997, also names Branca and Mitchell as co-executors of Michael Jackson’s estate, but replaces Marshall Gelfand with banker Jane Heller.

The distribution under the trust remains the same. Michael’s first child -- "Prince" Michael Joseph Jackson, Jr., born on in February -- is mentioned by name, but the will still stipulates that half of what’s left after distributions to charities and for Katherine Jackson be split between all children he might have.

The third, signed in March 2002, after the birth of Michael’s second and third children -- Paris Katherine Jackson and Prince Michael Joseph Jackson, II (better known by his nickname, “Blanket”) -- identifies only the first two children by name, but still indicates that the trust would benefit all his children evenly.

Perhaps just to be safe, a fourth will that names all three children was filed the following July.

Jackson’s siblings have said that the singer was in New York on July 7th, the day the fourth will was dated and marked as signed in Los Angeles. Others have confirmed that the King of Pop was in the Big Apple that day. But under California law, this isn’t something that would render the will invalid, as it’s possible the document was simply misdated.

“If you accidentally write the wrong date on a document, does it matter? No,” says Katzenstein. “There’s no dating requirement.”

The will was admitted to probate in 2009, and Katzenstein points out that California Probate Code Section 8270 stipulates a period of 120 days to file a petition with the court to revoke the probate of the will. That period has long since passed. The will’s witnesses have all confirmed the document’s validity -- according to estate attorney Paul Gordon Hoffman, the individuals were contacted in the days after Michael Jackson’s death, and none indicated that their signatures were false.

Even if the most recent will -- or the three most recent wills -- was somehow overturned, the outcome would be the same: John Branca, who is named as an executor on all four, would still be one of the executors; 20% of all proceeds from the estate would go to charity, with the remainder split between a trust for Katherine Jackson and a trust for Michael’s children.

If all four wills were invalidated, the children would inherit the estate at age 18, with Katherine Jackson and the charities left out. (Pretty sure this would leave the executor slot open, too?)

In theory, a more recent will could supersede the current will if discovered, but it seems highly unlikely that someone would have waited so long to come forward.

“It isn’t like someone who knew Michael, and thus would be in possession of his will, didn’t know about Michael’s death and thus is still holding it,” says Hoffman, who points out that none of Jackson’s many former lawyers or business managers knows of a more recent will. “No one has ever indicated that a later will was signed.”

But this is all essentially old news. Michael’s father Joseph, who was left out of the most recent will (and the three preceding wills), unsuccessfully challenged the will in the months following his son’s death.

“Joe Jackson takes none of this estate,” declared Judge Mitchell Beckloff in 2009. “This is a decision his son made.”

Beckloff formally appointed Branca and McClain as co-executors of the estate shortly thereafter, when Katherine Jackson dropped her initial objections and announced her support for their appointment.

In hindsight, that seems to have been a wise decision. The estate has generated roughly half a billion dollars in the three years since the King of Pop’s death, thanks to a slew of deals including a $60 million advance for the film This Is It, a new recording contract worth up to $250 million and the Michael Jackson Immortal World Tour, a joint venture with Cirque du Soleil that has already grossed over $75 million in the first half of 2012 according to Pollstar, more than any other North American concert tour.

In total, Michael Jackson has earned more in the past three years than any single living artist -- yet another reason it would be hard to imagine the structure of his estate changing anytime soon.

Zack O'Malley Greenburg regularly writes about the business of music for FORBES. He recently authored a book entitled "Empire State of Mind: How Jay-Z Went From Street Corner to Corner Office.

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Next week on The Jackson Family Dynasty, Michael's newest Will will be found, BUT (don don don) it says that only his children by blood test can get the money, Prince and Paris suprisingly don't pass it. BUT Omer Bhati steps in, with 2 blood test in hand, 1 which says Michael is his father, the other saying (DON DON DON) that Omer is Blanket's father making Michael Blanket's grandfather all along. Meanwhile LaToya and Jermaine plot to get rid of Omer, because it's also stated in the will that if Michaels siblings out live his blood heir, the money is to be split with them.................DON DON DON!!!

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Was the report about Kat and her lawyer auditing MJ's estate, but being denied documents true. If so, his estate and those fraudulent documents are gonna be out soon.

you seem to know the tea, so what's with this will, is the shit right or not? I think we can all agree MJ wasn't going to leave ANY of his siblings a dime :filenails:

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you seem to know the tea, so what's with this will, is the shit right or not? I think we can all agree MJ wasn't going to leave ANY of his siblings a dime :filenails:

It's clear to see what's going on if you look right through it. The results depends on if ppl can take off their fan/stan goggles when it comes to the Jacksons, and stop acting like MJ personally told them who he was gonna leave something. He didn't sign the will...the estate said the location was a. "error"...if there's an error there's gonna be someone challenging it because it's most likely a forged document. That alone can challenge the other documents they have. Not to mention Al Sharpton cosigned about MJ not signing the will that day. Them refusing to show Kat and her lawyer the papers she has a right to see is obvious that his estate is up to something...manipulation with a goal to get his kids. -_-

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It's clear to see what's going on if you look right through it. The results depends on if ppl can take off their fan/stan goggles when it comes to the Jacksons, and stop acting like MJ personally told them who he was gonna leave something. He didn't sign the will...the estate said the location was a. "error"...if there's an error there's gonna be someone challenging it because it's most likely a forged document. That alone can challenge the other documents they have. Not to mention Al Sharpton cosigned about MJ not signing the will that day. Them refusing to show Kat and her lawyer the papers she has a right to see is obvious that his estate is up to something...manipulation with a goal to get his kids. -_-

:mellow:

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Was the report about Kat and her lawyer auditing MJ's estate, but being denied documents true. If so, his estate and those fraudulent documents are gonna be out soon.

The audit report was made during her Uno tournament so it's questionable as to whether she's going through with it #1.

#2 The estate gets audited every half - full year or so, which means all things should be in order.

#3 The request was a vague one and called for over thousands upon thousands of documents, many of which shouldn't be made public so the only denial was made until the stipulation was set that none of those SPECIFIC documents would be released to the public, unlike some other documents asked for before that ended up all over TMZ, The Enquirer and the rest. Being Execs, they have every right and reason to be cautious about releasing that many forms ESPECIALLY when the trade forms would be included. They aren't worried or defensive or covering things up, they're being cautious and protective. Period.

#4 Whether you feel all FOUR Wills and Trusts were fraudulent or not, you have no proof but someone's say so and a date issue which is, by now, tired, through and delayed. There is no way all four. rather eight, of those went through under Michael's watch without his permission when there are plenty of years between them. I mean really.

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Sorry Reyna, but I'd rather find out from a non MJ stan.

Stan or not, I've been looking into this heavily on both sides. I've read the articles, statements, and documents fully. Been digging around for other information surrounding it. All in all, I'm paying more attention, keeping better track of the "tea" as it were, and actually looking without a bias. Meaning, it'd be wise for you to listen.

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Stan or not, I've been looking into this heavily on both sides. I've read the articles, statements, and documents fully. Been digging around for other information surrounding it. All in all, I'm paying more attention, keeping better track of the "tea" as it were, and actually looking without a bias. Meaning, it'd be wise for you to listen.

No offense, but I just don't pay attention to people who think/thought MJ kids have "tea" only because their MJ kidS.
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No offense, but I just don't pay attention to people who think/thought MJ kids have "tea" only because their MJ kidS.

I don't think they do just because their his. His kids were his everything. He trusted them more than anyone else, many who were around that relationship know that. I'm not about to use this "They're only kids, adults are always right" mentality like you have because that isn't always the case. I will gladly listen to Prince and Paris to see what they have to bring to the discussion. Will I give them every bit of weight without 100% proof? Absolutely not. I don't give that to anyone. But these kids are speaking for a reason, otherwise they'd be quiet like with the rest of the drama in the last 3 years. I will gladly listen to them.

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