By now you are surely informed that Michael Jackson, in his infinite wisdom, disinherited father Joe Jackson in his will as noted in the Findlaw’s Celebrity Justice blog. You may think you know why this was the case, but what about how wills work, and what might be next?
Most states require some basic circumstances to exist for a will to be held valid. Generally a will must be a written document, made by a “testator” of appropriate age (usually 18), of sound mind, unaffected by fraud or undue influence, and appropriately witnessed by two adults (three in Vermont, go figure). Handwritten (by the testator), unwitnessed wills, called holographic wills, are legal in about half the states but are more open to challenges.
Joe Jackson may well have had standing and perhaps even better luck by challenging the will itself rather than its executors. A sucessful challenge to the mental stability or undue influence of his son, if successful, would have invalidated the entire will and Jackson would be deemed to have died intestate or in other words, with no will. At that point, close relatives (such as fathers, both good and bad) have a possibility of inheritance especially if the case can be made as here, that the testator provided consistently for the beneficiary (Joe, he hopes). This action would certainly cause drama and pain in the Jackson family, but that is unfortunately, business as usual.
Related Resources:
- Basics about Wills (FindLaw)
- Joe Jackson Can’t Challenge Executors (AP)
- The Michael Jackson Will: Father Gets No Inheritence (Findlaw’s Celebrity Justice)
- Will Contests (provided by Holstrom, Sissung, Marks & Anderson, APLC)
- Estate Planning Overview (provided by The Prince Law Firm)
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