FOR IMMEDIATE RELEASE
West Bloomfied, Michigan (10:37am) August 10, 2009
We didn't think there could ever be a more public Estate than that of Marilyn Monroe or Elvis Presley. But get your popcorn and raisinets for the show. We have recently seen the deaths of Michael Jackson, Ed McMahon, Heath Ledger, Anna Nicole Smith, Billy Mays and so forth. But Walter Cronkite dying will be one of the more controversial deaths of our time. Even so, from Larry King to Nancy Grace and Bill O'Rilley are all still talking about Michael Jackson's Will.
We set out to address questions you have asked time and time again. Is a Michigan Will contestable even with the commonly known clause of 'Non-Contest'. If so, how does a litigant like Mrs. Jackson get around the legal wrangling?
"The big issue is whether or not Mrs. Jackson has a right to contest the Will and it's provisions. And if she fails she will be out of the 40% interest Michael Jackson has bequeathed to her in his Will." States Joseph J. Dadich, attorney and probate litigator from his West Bloomfield office in Michigan.
He reiterated a few key points for our readers/listeners, "Here is what a contestant – which is what Mrs. Jackson would be if she try's this – has to do. They petition the Court for relief such as removing a fiduciary. Which is what she has threatened to do about Michael Jackson's 2002 Will. In their defense they will argue that the No-Contest clause is iron-clad as such not only should the petition (or claim) should be dismissed but Mrs. Jackson's entire interest of 40% of Michael's Estate should be disclaimed and Mrs. Jackson would get nothing."
Our research led us to ask what is the standard in Probate Court for eliminating a no-contest clause. "This is a tricky situation and the attorney representing a beneficiary like this needs to be prepared. They will be attacked and to support their claims here's a little-known secret. The standard is whether or not there is a 'probable cause' to allow a claim to go through. We know that probably cause is a low burden and hurdle – if you will. Mrs. Jackson would need to bring some competent evidence related to her claim. In my opinion, she would want to argue that there was some undue influence on Michael for not getting the 2002 Will changed. We know this because according to published reports the nominated fiduciary's are individuals Michael Jackson grew apart from and if alive probably wouldn't have wanted to be handling the estate."
For more information contact Joseph J. Dadich at contact@15criticalpoints.com
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