(AP Photo)
Upon Katherine Jackson withdrawing her objections to the current Michael Jackson estate administrators, Los Angeles Superior Court Judge Mitchell Beckloff has formally appointed John Branca and John McClain to the positions designated by Jackson in his will. At the same Tuesday hearing, the judge ruled that with not being a beneficiary, Joe Jackson cannot challenge the executors' appointment, but can petition for an allowance.
Katherine Jackson appears to be getting good legal advice and is smartly taking it. Alan Duke from CNN.com described the turn of events as follows:
Katherine Jackson’s change of heart came three weeks after she hired attorney Adam Streisand to replace the lawyers who were leading her four-month-long challenge of Branca and McClain.
Streisand announced in court Tuesday morning that Katherine Jackson “feels it’s high time that the fighting ends.”
“She feels that Mr. Branca and Mr. McClain have been doing an admirable job,” Streisand said. “We’re going to try to partner with them and work closely with them to make sure that the estate is doing the best that it can for the legacy of Michael Jackson, for the kids, most importantly.”
Streisand said Katherine Jackson kept the decision a secret from the rest of her family until Tuesday.
And it appears a wise move that the Jackson matriarch kept secret her decision until court as the announcement apparently provoked a contentious exchange:
It drew a harsh response from attorney Brian Oxman, who on Monday filed Joe Jackson’s challenge of Branca and McClain. It was a fight that Oxman said Katherine Jackson had promised she would help wage.
“She has now reneged on her obligation to her family,” Oxman told the judge. Joe Jackson’s lawyer said Katherine Jackson’s reversal was “one of the most despicable displays” he’s ever seen in court.
Oxman accused Katherine Jackson of reaching a secret deal — behind Joe Jackson’s back — with the men who control their son’s estate.
Her lawyer fired back.
“That is not only baseless, but just a product of Mr. Oxman’s imagination,” Streisand said.
There was no deal and it was a surprise to the estate lawyers, he said.
“Before I announced my position, Mrs. Jackson and I were the only two people in the world who knew what I was going to say,” Streisand said.
As for Joe Jackson’s challenge for control, Streisand told the judge, “He has no right in the assets of the estate.”
Until now, the Jacksons have painted a united public front in the battle over who controls the estate.
“Lawyer to lawyer, it was contentious between the two of us in there, in order to try to get things to come to a resolution,” Streisand said after court.
“She doesn’t wish in any way to be involved in any dispute or fight with him, but she wants to see things get moving along in a more cooperative way,” he said, referring to Katherine Jackson and her husband.
While Joe Jackson's attorney may accuse Katherine Jackson of reneging on a family obligation, this new pledge of cooperation with her son's designated representatives can also be viewed as respecting a family obligation - an obligation to protect the interests of her grandchildren and to honor the final wishes of her son.
The Associated Press reported on the denial of Joe Jackson's estate executor challenge as follows:
Michael Jackson’s father does not stand to inherit any of his son’s assets and cannot challenge the appointment of the executors chosen by the singer to handle his will, a judge said Tuesday.
Superior Court Judge Mitchell Beckloff said Joe Jackson was not named in the will but could pursue a motion to receive a family allowance from the estate because he claimed his son had been supporting him.
A New York Daily News article had this interesting quote from Judge Beckloff:
The judge said the family patriarch can petition for an allowance but not much else. “Joe Jackson ultimately takes none of this estate, and that was a decision his son made,” the judge said.
A Dec. 10 hearing is scheduled for the allowance petition. Streisand has reportedly indicated that Katherine Jackson may support the request. One wonders if that was said before or after Joe Jackson's attorney harshly criticized her before the court. Howard Weitzman, attorney for the Jackson estate, said they (the executors) will take her wishes into consideration in deciding their position on an allowance for Joe Jackson.
Ultimately, the legal decision belongs to Judge Beckloff, but could his comment signal that he sees Michael Jackson as already having responded to Joe Jackson's request?
Stay tuned.....
For more info:
Joe Jackson allowance request shows disrespect for son, grandchildren (Nov. 9, 2009)
Jackson hearing confirms executors (Nov. 11, 2009)
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