Taxation & Estate Planning

Michael Jackson's Estate, Part 8 -- More on the Allowance

By Joel A. Schoenmeyer

A couple of things have happened recently in the Michael Jackson case, both of which favor his mother, Katherine (a link):

1. Katherine (individually and as guardian of the minor children) was given a monthly allowance of more than $86,000 (yes -- you read that right). That breaks down as $26,804 for her and $60,000 for the children. Surprisingly, the biggest line item ($4,722 per month, about $57,000 per year) for Katherine relates to her assistant -- curious that someone without a job or any visible means of support (besides her son's largesse) would need "assistance."

2. The Judge also ruled that Katherine may contest Michael's appointment of executor (that is, such a contest does not violate the Will's "no contest" clause). I would typically agree that a no contest clause shouldn't be enforced (or should be enforced rarely), but we aren't really talking about a dispositive provision here. Furthermore, Michael named the co-executors AND left most of his estate to his mother in his trust. It seems to me that either the entire estate plan is invalid, or none of it is. Why does Katherine get to cherry pick, keeping the provisions favorable to her and challenging the provisions that aren't favorable?

Full post as published by Death and Taxes Blog on September 23, 2009 (boomark / email).