Michael Jackson: The battle for control of his estate

Among the several lingering questions regarding the administration of Michael Jackson’s estate is who will be named to oversee it. Jackson’s mother, Katherine Jackson, recently petitioned the court to become the administrator. This is a person appointed by the court to manage the assets and the liabilities of a decedent that died intestate, meaning without a will. However, subsequent to Ms. Jackson’s petition to be appointed administrator of the estate, a will surfaced. The will, executed in 2002, names two of Michael Jackson’s attorneys as co-executors to carry out the provisions in his will.

As anticipated, Ms. Jackson’s request to be appointed as the administrator was denied by the court since the will provided for executors. Normally, the executor named in a will by the deceased will be appointed by the court unless the executor is disqualified for some reason. The fact that someone is not a blood relative or not as close to the decedent is not usually relevant. The courts will usually honor the choice made by the decedent as expressed in their will.

Despite the provisions in Michael Jackson’s will naming specific executors, Ms. Jackson continues to contest their appointment. Ms. Jackson filed a petition accusing the men of being “intent on keeping her in the dark” about deals they have made or are negotiating. Furthermore, Ms. Jackson has raised questions concerning “a suspicious circle of relationships” involving the co-executors. As such, Ms. Jackson is requesting that the judge order the co-executors to answer questions under oath about their business agreements to determine whether they are “fit and able” to administer the estate.

An executor is someone named in a will who is charged with carrying out the directions of the will. Executors supervise the property of the deceased person while debts are settled. An executor has a legal fiduciary responsibility to “act with utmost honesty, impartiality, and scrupulousness on behalf of the deceased and the estate's beneficiaries." Any attempt by the beneficiaries to remove the executor, for any reason, leads to an adverse court proceeding, with each side most often represented by an attorney. Removal is not easy. The beneficiaries must prove serious misbehavior before the court will consider forcing an executor to step down. This can be difficult.

In general, the courts will only remove an executor if the beneficiaries can show that the executor is incapable of performing his or her duties, is unsuitable for the position, or has become disqualified since the deceased appointed him/her. Therefore, the court will most likely allow Michael Jackson’s named executors to serve unless Ms. Jackson can prove that they are unable to perform their fiduciary duties.


By: Todd C. Ratner, Esq