Wednesday, July 1, 2009

Michael Jackson will

I won't be the only estate planning & probate attorney writing this, but I have to wonder why Michael Jackson's attorney wrote up a plan that ensured probate. The will provides that his estate be given to the Michael Jackson Trust--why didn't he just skip that step and fund the trust during Jackson's lifetime? It would have ensured the privacy that Jackson seemed to want. Now his financial details, the beneficiary details and creditor claims (there will be some strange ones, I'm sure) will all be public record.

With the large size of Jackson's estate, I don't think probate fees would be much higher, if at all, than trust administration fees, but now the whole family drama will play out in a public way. For most people, including Michael Jackson, a revocable living trust is the best foundation for an estate plan.