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Oct 26 Update: Court Rejects Joe's Appeal / Joe Jackson appeals to remove estate executors

ivy

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This is some new development mixed with old news.

As you know Joe Jackson had previously tried to contest the executors (Branca and McClain) but his request was denied by Los Angeles County Superior Court Judge Mitchell Beckloff. The judge said that Joe Jackson had no right to challenge the decision as he wasn't a beneficiary.

Oxman said that he would appeal the decision.

see the link for more http://www.cnn.com/2009/SHOWBIZ/Music/11/10/michael.jackson.estate/index.html

Today TMZ report the following

Joe Jackson: I Get No Respect
8/16/2010 3:45 PM PDT by TMZ Staff

Joe Jackson's lawyer claims, his client has not been treated with "dignity and worth" by the judge in the Michael Jackson probate case.

Jackson's lawyer, Brian Oxman, filed papers with a California appeals court, claiming the probate judge was wrong in shutting down Joe's attempt to 86 executors John Branca and John McClain.

The trial judge ruled Joe had no legal standing to object to the duo, because Joe himself was intentionally excluded by MJ as a beneficiary under the will.

But Oxman claims Joe was financially dependent on his son and should therefore have a right to object to the appointment of the men who are making financial decisions for the Estate.

Although Joe is alleging various misdeeds on the part of the executors -- including fraud and embezzlement, which the executors strongly deny -- the lawyer for Michael Jackson's kids claim Joe is actually harming them with all the "procedural wrangling." Margaret Lodise, the kids' lawyer, says Joe only cares about his stake in the Estate and, therefore, he's "the ultimate dog in the manger."

http://www.tmz.com/2010/08/16/joe-jackson-michael-jackson-estate-beneficary-will-executors/

Although it makes it sound like the appeal has just filed with the court, that's not the case.

I checked the probate records and Oxman actually filed the appeal on November 2009.

What happened was on July 1st 2010 Branca and McClain filed their briefs (basically their answer to the claims). On July 2nd Margaret G. Lodise files a brief for the behalf of Prince, Paris and Blanket. Also Adam Straisand files a brief for Katherine Jackson. Later on August 2010 Oxman files Joe Jackson's response to the briefs from the other parties. And TMZ is reporting from those briefs such as quoting the kid's lawyer.

So August 16, 2010 the case is fully briefed - meaning that every needed document is filed and the case is awaiting ruling.

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1926317&doc_no=B220404
 
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Re: Joe Jackson appeals probate court judge's decision about contesting executors

what do you think about it ? Can Oxman win ?
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

imagempp.png


http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1926317


Joe will not quit. -_-
 
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Re: Joe Jackson appeals probate court judge's decision about contesting executors

marc_vivien said:
what do you think about it ? Can Oxman win ?
Click to expand...

hard to say without seeing any of the filed documents.

but at the minimum he needs to establish that Joe's a dependent of Michael. Kid's lawyers statements from the filing (per TMZ) is not working for Joe's favor at all.

I guess we'll wait and see.
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

ivy said:
This is some new development mixed with old news.

As you know Joe Jackson had previously tried to contest the executors (Branca and McClain) but his request was denied by Los Angeles County Superior Court Judge Mitchell Beckloff. The judge said that Joe Jackson had no right to challenge the decision as he wasn't a beneficiary.

Oxman said that he would appeal the decision.

see the link for more http://www.cnn.com/2009/SHOWBIZ/Music/11/10/michael.jackson.estate/index.html

Today TMZ report the following

Joe Jackson: I Get No Respect
8/16/2010 3:45 PM PDT by TMZ Staff

Joe Jackson's lawyer claims, his client has not been treated with "dignity and worth" by the judge in the Michael Jackson probate case.

Jackson's lawyer, Brian Oxman, filed papers with a California appeals court, claiming the probate judge was wrong in shutting down Joe's attempt to 86 executors John Branca and John McClain.

The trial judge ruled Joe had no legal standing to object to the duo, because Joe himself was intentionally excluded by MJ as a beneficiary under the will.

But Oxman claims Joe was financially dependent on his son and should therefore have a right to object to the appointment of the men who are making financial decisions for the Estate.

Although Joe is alleging various misdeeds on the part of the executors -- including fraud and embezzlement, which the executors strongly deny -- the lawyer for Michael Jackson's kids claim Joe is actually harming them with all the "procedural wrangling." Margaret Lodise, the kids' lawyer, says Joe only cares about his stake in the Estate and, therefore, he's "the ultimate dog in the manger."

http://www.tmz.com/2010/08/16/joe-jackson-michael-jackson-estate-beneficary-will-executors/

Although it makes it sound like the appeal has just filed with the court, that's not the case.

I checked the probate records and Oxman actually filed the appeal on November 2009.

What happened was on July 1st 2010 Branca and McClain filed their briefs (basically their answer to the claims). On July 2nd Margaret G. Lodise files a brief for the behalf of Prince, Paris and Blanket. Also Adam Straisand files a brief for Katherine Jackson. Later on August 2010 Oxman files Joe Jackson's response to the briefs from the other parties. And TMZ is reporting from those briefs such as quoting the kid's lawyer.

So August 16, 2010 the case is fully briefed - meaning that every needed document is filed and the case is awaiting ruling.

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1926317&doc_no=B220404
Click to expand...

any idea how long before we get a ruling?
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

so glad the kids have legal representation...
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

ivy said:
hard to say without seeing any of the filed documents.

but at the minimum he needs to establish that Joe's a dependent of Michael. Kid's lawyers statements from the filing (per TMZ) is not working for Joe's favor at all.

I guess we'll wait and see.
Click to expand...

I think a dependent parent is not an interested person. Only an interested person may challenge the will or the appointment

The phrase "any person interested" includes only persons who, either absolutely or contingently, are entitled to share in the estate. [4] Appellants are not entitled to share in the estate. They do not have any pecuniary interest in the devolution of the estate as may be defeated or impaired by the probate of the will. They are not in any way interested in [96 Cal.App.2d 336] preserving the assets, or in the settlement of the estate. They have no right to oppose the probate of the will or the grant of letters of administration with the will annexed, or to appeal from the order with respect thereto.
Click to expand...

http://www.lawlink.com/research/CaseLevel3/24741
 
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Re: Joe Jackson appeals probate court judge's decision about contesting executors

everything about the events surrounding Michael, whether financial or concerning doctor murray is long winded theatre. the only thing seeming to move is the clock. anybody who doesn't know what patience is, is going to learn it. yeah..i know everything's gotta be just right. it's so easy for that just right to slip into an eternity, unnoticed.
 
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Re: Joe Jackson appeals probate court judge's decision about contesting executors

I like the kids' lawyer.

the only thing seeming to move is the clock.
Click to expand...

very true..
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

Ivy, the TMZ link doesn't work. Somebody has blocked it for containing material of sexual nature?
Kind of funny!
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

joe shouldn't get any more money!
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

JMie said:
I like the kids' lawyer.



very true..
Click to expand...
same here,, hopefully she will speak on their behalf more now.. there cant be much expected from the rest of them
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

About Joe wanting respect, I understand that he is the patriach of the family but you have to earn respect and some of his actions are questionable. I heard they estate offered joe some money but he turned it down because he wanted more, if it's true he should have took it and kept quiet since he still makes his side deals anyways. It's a shame that everything in that family is played out in the media, I hope they can come to some solution.

It's interesting ans sad how times have changed so quick, last year Prince, paris and blanket had a father and this year they have a lawyer speaking on their behalf about money.

Also someone needs to send Joe a memo to ditch Oxman, i don't know how far he'll get with him.
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

Reminder : Leave conspiracy talk out of News and Happenings. We have a dedicated section for it.

Memefan said:
any idea how long before we get a ruling?
Click to expand...

I'll say soon - however cannot give an exact time frame.

Because the case is listed as "calendar preference case" which means that it's under expedited review.


Similar to everyone else I also like the fact that the children have a separate and independent lawyer (court appointed and not hired by the estate or Jacksons).
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

Joe is a joke
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

Moulin Rouge said:
Also someone needs to send Joe a memo to ditch Oxman, i don't know how far he'll get with him.
Click to expand...

That "should" be the very first order of action, i.e. "ditch Oxman with a quickness!"

In my opinion, Oxman knows that he will fail because of the law being that Joe is not named in the will so Joe has absolutely no say in the administration of said will. Oxman has his finger in the pie, because Oxman is a media whore and this is his way of being in on the action, per se. (I was reading on another board that the Judge threatened to toss Oxman's wrongful death suit, because it was NOT based on the law. Oxman had to revise it and resubmit it.)

Like Rasta, I'm happy that the children have their own attorney. She appears to be a very insightful person, she sees through Joe Jackson's game plan and is not afraid to express her thoughts.

And what she has to say IS TRUE! Joe Jackson is taking away from his own grandchildren (and wife) with his prolonged court battle which will ultimately lead to nothingness anyway.

I mean, the estate attorney's have to respond. The children's attorney has to respond. Ms. Katherine's attorney has to respond. And Michael's estate gets to foot those bills. It's just wasting money on top of money for no good reason, in my opinion. The law is very clear on who can contest a will!
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

ivy said:
the lawyer for Michael Jackson's kids claim Joe is actually harming them with all the "procedural wrangling." Margaret Lodise, the kids' lawyer, says Joe only cares about his stake in the Estate and, therefore, he's "the ultimate dog in the manger."
Click to expand...

THANKS GOD!

The lawyer for the kids is a very good lawyer!
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

ivy said:
Similar to everyone else I also like the fact that the children have a separate and independent lawyer (court appointed and not hired by the estate or Jacksons).
Click to expand...

Me too. Just to clarify, does that mean her salary is paid by the state for her services in this case?
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

Big Apple2 said:
That "should" be the very first order of action, i.e. "ditch Oxman with a quickness!"

In my opinion, Oxman knows that he will fail because of the law being that Joe is not named in the will so Joe has absolutely no say in the administration of said will. Oxman has his finger in the pie, because Oxman is a media whore and this is his way of being in on the action, per se. (I was reading on another board that the Judge threatened to toss Oxman's wrongful death suit, because it was NOT based on the law. Oxman had to revise it and resubmit it.)

Like Rasta, I'm happy that the children have their own attorney. She appears to be a very insightful person, she sees through Joe Jackson's game plan and is not afraid to express her thoughts.

And what she has to say IS TRUE! Joe Jackson is taking away from his own grandchildren (and wife) with his prolonged court battle which will ultimately lead to nothingness anyway.

I mean, the estate attorney's have to respond. The children's attorney has to respond. Ms. Katherine's attorney has to respond. And Michael's estate gets to foot those bills. It's just wasting money on top of money for no good reason, in my opinion. The law is very clear on who can contest a will!
Click to expand...
some of them go by ''if I can not have it (money) no one (=kids) should ''
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

the lawyer for Michael Jackson's kids claim Joe is actually harming them with all the "procedural wrangling." Margaret Lodise, the kids' lawyer, says Joe only cares about his stake in the Estate and, therefore, he's "the ultimate dog in the manger."
Click to expand...
Thank God, :angel:Prince, Paris and Blanket have their own appointed lawyer who, I pray, will make wise decisions about their legal matters. :angel:

It is really sad that their lawyer describes Joe Jackson in this manner.
Joe should really try and change the perception she has of him.
He could begin by firing the person he has as a lawyer.

Joe Jackson you need to "look at the Man In the Mirror and change your ways."
 
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Re: Joe Jackson appeals probate court judge's decision about contesting executors

Joe never seems to amaze me...he never knows when to stop...why would he keep wanting to take money from his grand children??....Money that their father provided for THEM not HIM..
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

xthunderx2 said:
Joe never seems to amaze me...he never knows when to stop...why would he keep wanting to take money from his grand children??....Money that their father provided for THEM not HIM..
Click to expand...
the answer is very obvious.. same reason why all of them think they are entitled to something they are NOT, and never will be
 
Re: Joe Jackson appeals probate court judge's decision about contesting executors

144 said:
everything about the events surrounding Michael, whether financial or concerning doctor murray is long winded theatre. the only thing seeming to move is the clock. anybody who doesn't know what patience is, is going to learn it. yeah..i know everything's gotta be just right. it's so easy for that just right to slip into an eternity, unnoticed.
Click to expand...


like Jarndyce v Jarndyce..... ( I hope not really)
 
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