Cases

For 15 years, the executors of Michael Jackson’s estate have been managing estate assets and operating his businesses.  The executors petitioned the probate court to approve a transaction in which the estate would transfer some assets to a joint venture with a third party, in return for cash and a joint-venture interest.  Michael’s mother Katherine Jackson objected, arguing that the transaction was unnecessary and contrary to Michael’s wishes.  The probate court overruled her objection and approved the executors’ proposal.

Mrs. Jackson appealed, arguing for the first time that under Michael’s will, his executors did not even have the power to execute the transaction.  GMSR, as appellate co-counsel for the executors, responded that Mrs. Jackson had forfeited the argument by not raising it below and that it was meritless.  The Court of Appeal agreed, holding that the argument was forfeited, and even if the Court reached the merits, “we necessarily would affirm because the order does not violate either the will’s terms or established probate law.”

To read the Court of Appeal Opinion, click HERE.