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Mother Katherine Jackson not given co-executor status.By Gil Kaufman
Photo: Junko Kimura/ Getty Images
The struggle for control over Michael Jackson's estate continued in a Los Angeles courtroom on Monday (July 6), with a judge approving the late pop star's wishes to have two of his longtime advisers control his assets. As a result, Jackson's mother, Katherine, was denied a request to become the interim executor of her late son's estate.
According to TMZ, Los Angeles Superior Court Judge Mitchell Beckloff ruled on Monday that the decisions involving the corralling of all of Jackson's assets, attorney's fees and settling of claims against his estate will be in the hands of longtime attorney John Branca and music industry veteran John McClain, the two men named as co-executors in the singer's 2002 will. The two were appointed the special administrators of Jackson's estate until the next hearing on the matter on August 3, and were charged with protecting the estate from any immediate losses it might suffer until that time, according to CNN.
Katherine Jackson's lawyer raised questions about the 2002 will, but said she and husband Joseph Jackson will not challenge it at this time. The attorney also said Katherine was concerned about Jackson's relationship with Branca prior to the singer's death, noting that Branca — who worked with Jackson for more than 20 years — had re-joined the singer's team just three weeks before his death. A lawyer for Branca and McClain presented a letter from Jackson dated June 17, 2009 — eight days before Jackson's death — reiterating that he wanted Branca in control of his affairs. A lawyer for Katherine Jackson won approval from the judge to have the co-executors keep the singer's mother in the loop about any decisions they bring before the court; she had been administering the assets of the estate since Jackson's June 25 death on an interim basis.
Among the details revealed in court on Monday was the fact that Jackson's will has a "no contest" clause, which means that anyone who challenges the will or the trust he set up to distribute 40 percent of his assets to his mother, 40 percent to his children and the remaining 20 percent to unnamed children's charities, will automatically be cut out of his will entirely.
At one point, TMZ reported that the judge got so frustrated with the contentiousness between the two sides that he said he'd appoint a special administrator to temporarily oversee the estate if the bickering did not cease. In addition to questioning Branca's role as co-executor, Katherine Jackson's attorney also suggested that McClain should be excluded because of an alleged "infirmity," though his lawyer said McClain was in "fine mental capacity." Branca represented Jackson from 1980, when the singer was 21, until 2006 and was recently re-hired. Katherine Jackson was not present at Monday's hearing.
"Quite frankly, Mrs. Jackson has concerns about handing over the keys to the kingdom," her lawyer, Burt Levitch, said. According to CNN, the two sides met for four hours over the weekend but could not reach an "acceptable accommodation" about administering the estate, which is valued at a reported $500 million.
Beckloff ruled that any actions the two take to settle claims, modify business relationships and create any new ventures would be subject to court approval and that they have to set up a $1 million bond to insure their work as executors. Katherine Jackson remains the temporary guardian of her son's three children until a July 13 hearing in that matter.
MTV's live coverage of the Michael Jackson public memorial service at the Staples Center in Los Angeles will begin on Tuesday at 12 p.m. ET / 9 a.m. PT.
For complete coverage of the life, career and passing of the legendary entertainer, visit "Michael Jackson Remembered."
Share your Michael Jackson memories by uploading video and comments to Your.MTV.com or joining the discussion below.
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