Evidence that Michael Jackson’s Final Will is Invalid
The problem is it was improperly signed, the will makes the witnesses both Executors and Trustees. The California Probate Code allows anyone to witness a will, but is an interested party witness it two disinterested parties have to also witness it, or it will be consider writing under duress among other this unless the devise or plan was made solely a fiduciary purpose as in one, but the will named them both Executors and trustees. There is a difference between an executor and a trustee. This is a matter for the interpretation of the court.
An executor is listed on a will and the trustee is listed in the trust.
An executor is a person appointed by the probate court to administer the estate of a decedent. A trustee is a person who enters into an agreement to hold – and sometimes manage – assets for beneficiaries of a trust. Today, many people create what are frequently called ‘living trusts’ or ‘inter vivos (in-ter VEE-vose) trusts’ to hold their assets while they are living and to avoid the administration of their assets through the probate process after they die. Trustees owe fiduciary duties to the beneficiaries of the trust just as executors and administrators owe fiduciary duties to the beneficiaries and creditors of estates. If you believe that an executor, administrator, trustee, or other fiduciary has deprived you of assets, contact an attorney.
The Question of Law: Can all three witnesses be both the executors and trustees of the estate assigned by the will they witnessed solely. The exception to the rule is to act in a fiduciary capacity and not two separate and distinct fiduciary capacities. I do not think the law was intended for all three witnesses to act as both executors and trustees to the same estate.
From the California Probate Code
6112. (a) Any person generally competent to be a witness may act as
a witness to a will.
(b) A will or any provision thereof is not invalid because the
will is signed by an interested witness.
(c) Unless there are at least two other subscribing witnesses to
the will who are disinterested witnesses, the fact that the will
makes a devise to a subscribing witness creates a presumption that
the witness procured the devise by duress, menace, fraud, or undue
influence. This presumption is a presumption affecting the burden of
proof. This presumption does not apply where the witness is a
person to whom the devise is made solely in a fiduciary
(d) If a devise made by the will to an interested witness fails
because the presumption established by subdivision (c) applies to the
devise and the witness fails to rebut the presumption, the
interested witness shall take such proportion of the devise made to
the witness in the will as does not exceed the share of the estate
which would be distributed to the witness if the will were not
established. Nothing in this subdivision affects the law that
applies where it is established that the witness procured a devise by
duress, menace, fraud, or undue influence.
Today I meet with the Underground Movement a crew of rappers. I heard someone wants to give my nephew a contract, I am not proud of his intelligence level. Now only did he not negotiate the contract, that is acceptable if it is a standard contract, but he does not plan to even read it, he just plans to have a lawyer look it over and I guess explain it to him. Like I said the industry looks for dummies. In any case he is having fun and like the rest he will learn after he realizes he is a slave.
So now I have a future? I heard this song too many times to all of a sudden take it serious. You have no idea about how I feel; if you did you would spare me the bullshit. I am behind schedule already with my screenplay, I was doing research on Michael’s will for about 7 hours yesterday and came to the conclusion it is truly invalid, that does not invalidate the trust, just the trustees.
Message of the Day
The clouds will part and you will see nothing but blue skies this week. Your attitude to life in general will improve in leaps and bounds and you’ll know without a shadow of doubt that the future is bright — your future especially.