Archive for July, 2009

Impending Custody Battle Over Michael Jackson’s Children

Last week, Katherine Jackson, Jackson’s mother, gained temporary guardianship over Jackson’s three children.  Katherine is taking aggressive legal action to gain permanent custody over the children.  On the otherhand, while Rowe is in the process of applying for custody, she seems hesitant about entering this custody battle, and rightfully so.  Although she possesses a powerful legal advantage as the natural, biological mother of the two oldest children, the fact that Jackson’s will appoints his mother as guardians of his children will be given substantial weight.  In a situation such as this one where a natural parent remains alive, a valid will speaks on behalf of Jackson, and the court will give Jackson’s wishes equal weight. 
 
Moreover, the court will look at other factors such as the children’s safety, health and welfare along with stability and continuity of environment.  The courts will look at both sides to determine where the children’s interest will be best served.  The last thing the court will want to do is cause the children more stress and hardship during an already difficult time.  The fact that Rowe’s custody of the two oldest children will separate the children will be taken into consideration.  Addtionally, Katherine Jackson long-standing relationship with the children will be weighed against the absence of any relationship with the children on Rowe’s part.  And finally, I am sure the court will take into account that at every opportunity Debbie Rowe has had, she has basically sold her parenting rights to Michael Jackson and that would seem to indicate that she has little interest in her children. As of now, it seems unlikely that the court will separate the children by taking the two oldest children out of a familiar and loving environment where they are receiving the care and support they need. 
 
As for the third and youngest child birthed by a surrogate mother, Jackson’s parents are likely to gain custody if met in court by the surrogate mother.  Because the surrogate mother is not genetically the mother of the child, she does not possess rights of a natural parent, if any rights at all. 
The latest rumors are that Rowe and the Jacksons will come to a financial arrangement sometime in the near future.
Contributions by Joyce Park

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Analyzing Michael Jackson’s Will

I took a quick look at Michael Jackson’s will and not surprisingly it is quite similar to the wills I prepare for my client everyday.  His will is only a few pages long and accomplishes three basic things

  1. Appoints executors for his will
  2. Expresses his preference as to whom should be the guardian for his children
  3. Transfers all of his assets to his trust

These are the primary purposes of a typical pour-over will that anyone who owns a home and has children should have.  While the typical pour-over will is designed to avoid the probate process, Michael Jackson’s estate is an example of an estate that would benefit from being subject to probate.  Since we have huge aseets and many creditors involved and complicated child custody issues, a probate court is probably the best place to resolve these issues.  While the legal fees are likely to be significant, the complexity of his estate would be incurred whether or not he used a living trust to own his assets.

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