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Should Katherine Jackson Contest Michael's Will and Trust?

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Could Michael Jackson's mother Katherine be cut out of his will and trust? That possibility has been raised now that she has filed specific papers in court. Read on for details…

Katherine Jackson, who has a reported 40 percent stake in Michael's estate, has filed court papers asking a judge if she can object to the men named as executors of the estate. The catch is that Michael had a no contest clause in his trust which says that if anyone objects to his will or trust, they get no money. The court may issue an opinion on the matter on August 3.

Attorney Herb Nass, author of Wills of the Rich and Famous, breaks down the legal challenge, telling ET, "The real motive is leverage and negotiating with the executors of her son's will. The will names her as guardian of his children, but apparently she believes she should be more involved in her son's estate potentially. ... It'd be very unlikely that a court would overturn that will, but it certainly could happen."

According to reports, some people inside the Jackson camp believe that the 79-year-old matriarch is being manipulated into this war over the will, but Nass sees it differently.

"From my view it'd be hard to manipulate her," he says. "She's a strong, powerful woman. This is an action she's taken by her lawyers and it may just be a power play within the estate administration, so she lets the executors know she still has some authority to question their authority."

ET special corresponded Diane Dimond says the Jackson family would be foolish to contest: John Branca has been an advisor of Michael's and has brokered some of the most lucrative deals, including the deal for the Beatles catalogue, and he got Michael Neverland for a great price. And John McClain knows the music industry much better than anyone in the Jackson family.

Katherine Jackson's attorney, Londell McMillan, responded Monday afternoon in relation to reports of the recent court filing, saying in a statement, "Despite false reports, neither Mrs. Jackson nor any of her lawyers has or will be contesting the will. Nor has she decided whether or not to raise any challenge to the appointment of the executors named in the will or whether to seek the appointment of an additional co-executor. Her top priority remains the care of her son's three children.

"In the meantime, Mrs. Jackson and counsel continue to collect and review relevant information. We remain in communication with the temporary administrators of her son's estate. In order to preserve her legal options, an application was filed this past Friday with the court to confirm that any possible objections Mrs. Jackson might raise at a later time regarding the appointment of executors would not constitute a challenge to the will itself. It is only fair and she has such a right under the law."

Watch ET for more developing Jackson family news.

Posted July 20, 2009 1:53:00 PM
See All: Katherine Jackson herb nass celebs michael jackson

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