Is Michael Jackson's Will Valid?

Tuesday July 7, 2009

Rumors have been circulating since Michael Jackson's death about the validity of his 2002 Last Will and Testament, and yesterday it was reported that more than one will exists. So what? Michael Jackson's will that was signed in July 2002 is apparently his last will, and on top of that it is a Pour Over Will that is designed to take assets from his estate (meaning things titled in his individual name or as a tenant in common) and put them inside the Michael Jackson Family Trust, a Revocable Living Trust that has become irrevocable now that Jackson is dead. With that said, Michael Jackson's will isn't the relevant legal document - the Michael Jackson Family Trust is. And as I wrote yesterday in Michael Jackson's Will vs. the Michael Jackson Family Trust, it's quite possible that Michael Jackson amended the trust or completely restated its terms years after the July 2002 will was signed, and if this is the case then it will be more important to focus on the validity of the trust than on the validity of the will. And even if the 2002 will is found to be invalid, that doesn't mean the trust, which, again, could have been amended or completely restated long after the 2002 will was signed, is invalid. This makes for ongoing court room drama and posturing that in the end will keep the lawyers representing Michael Jackson's family and business associates busy and fill their pockets with legal fees.

This begs the question, could any of this have been avoided? Perhaps, if Michael Jackson had shared his estate planning goals with his family, but as flighty as Michael Jackson was it's possible that he changed his mind and his estate plan frequently. As in life, in death Michael Jackson continues to weave one tangled web.

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