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Camden NJ Probate & Estate Administration Law Blog

New Michael Jackson molestation claim in estate litigation

A 30-year-old dance choreographer has filed a claim against Michael Jackson's estate accusing the late pop star of sexual molestation. Lawyers for the man have asked the probate court of Los Angeles for permission to make a creditor's claim, even though the time period for filing has passed. The choreographer, who is arriving late on the scene in this estate litigation, is known for working with famous pop acts like Britney Spears and Usher. He says he slept at the Neverland Ranch and in two of Jackson's homes at different times when he was aged 7 until he was 14. Although it has been nearly a decade since Jackson's child molestation case in 2005, it's doubtless that anyone in New Jersey or elsewhere in the country has forgotten the emotional court battle.

The court is keeping the new accusations made by the choreographer confidential. However, it is said that the documentation includes a statement from a psychiatrist who saw the man while he was a child. Also, it is known that during Jackson's 2005 child molestation trial, a house assistant of Jackson claimed she saw the singer showering with the choreographer when the man was less than 10 years old.

Holocaust survivor dies without heirs to his $40 million estate

A holocaust survivor, aged 97, died without naming anyone to inherit his estate. His assets have been valued at approximately $40 million. It remains a mystery as to why this man never named anyone to benefit from his fortune, but at this time there is no documentation that shows he selected an heir. As strange as this sounds, it is not uncommon for people to pass away in New Jersey without naming heirs.

His friend, who also survived the Holocaust, commented that the man was extremely bright; however, he did not pass away in an intelligent fashion. Another friend, who also served as his accountant, said he reminded him many times over the years to identify who the beneficiaries of his estate would be, and even explained how to do it. The accountant finally convinced him to complete the paperwork the next time they met, but the man died before they saw each other again.

Elderly New Jersey resident, 93, has her inheritance stolen

A 63-year-old woman who calls herself an activist for Native Americans was arrested for the theft of close to $320,000 that belonged to a New Jersey senior citizen. The victim of the theft is 93 years of age and requires daily assistance and care. The money represented most of her inheritance received from her late brother's estate.

The apparent victim was living in Edison, New Jersey at the residence of her brother until he passed away in the summer of 2009. She inherited over $200,000 from him, in addition to his home. Court records show that, after gaining power of attorney over the woman's affairs, the activist moved her to a home and arranged for part-time caretakers to tend to her needs. Meanwhile, she opened an account for which she sought tax exempt status, into which she deposited the inheritance. Police indicate that from March 2010 to Oct. 2012, the accused woman spent nearly $380,000; however, only $60,000 out of this was used to pay caretakers.

Online accounts complicates New Jersey estate administration

The death of a loved one is always difficult, emotionally speaking. However, what may also add to the pain is having to deal with a complicated and lengthy estate administration process in New Jersey or in any other state. Now that doing business and making investments through online portals has become commonplace it is even more important to make sure estate planning documents are in place in order to allow heirs to access passwords for online financial accounts.

Experts are now suggesting that clients include a list of these accounts and passwords as part of their inventory list in their wills. Online accounts are treated just like any other asset, which will need to be distributed during the estate administration process. Some experts are suggesting that people create a letter of intent, which would include important information such as online accounts and passwords.

Heirs to Proctor and Gamble CEO fortune sue trustee, June trial

New Jersey readers may take interest in a dispute that has erupted over the proceeds of a trust established by a former CEO of Proctor and Gamble Co. Fifth Third Bank was designated as trustee of a trust established for the benefit of the former CEO's widow. The widow died in 2009, and her heirs are fighting over claimed mismanagement of the trust.

Two of the couple's three children assert that the trustee failed in its fiduciary duty. They allege that their brother essentially raided the trust for his personal benefit from at least 2004-2006. A lawsuit is pending against Fifth Third Bank, claiming that the trust officer responsible for deposits to the widow's checking account during the time period in question knew or should have known the brother was making unauthorized withdrawals from the checking account. In all, it is claimed that the trustee should be found responsible for some $1.2 million, along with interest, that was ultimately diverted for the brother's benefit.

Estate administration: AEG Live faces King of Pop trial

A civil wrongful death lawsuit was filed by the Michael Jackson estate after his demise in 2009. In New jersey or elsewhere, part of the estate administration duties in settling an estate is to gather all of the assets of the decedent for distribution. In this instance, the claim is against AEG Live, the promoters of the "This is It" international tour for which Jackson was preparing at the time of his death.

The wrongful death lawsuit alleges that the promoters ignored the health of the pop singer in favor of maximizing financial returns. The estate asserts that the King of Pop's doctor, who was subsequently convicted in California criminal court of wrongful death, was actually hired by the promoters to ensure that Jackson kept his tour commitments at the expense of Jackson's own well being. Jury selection for the civil trial was scheduled to begin in early April, and the trial itself may take about three months to litigate. Jackson's mother and two of his children are rumored to be ready to testify for the estate.

Estate planning and loaning money to family in New Jersey

Loaning money to family comes with its own set of problems, no matter how wealthy the New Jersey parents might be. It also raises specific issues regarding potential gift tax liability and estate planning decisions. For baby boomers, it may be important to balance long term needs with the desire to see their children leading happy lives.

It's no secret that people are living longer these days. Baby boomers are working longer, partly due to good health and partly because their retirement funds were diminished by the recent recession. The recession has also caused problems for their offspring. Generation X and Millennials have been hit hard, and the stagnant job market combined with tightened credit guidelines has made their pursuit of the American dream challenging. Some of them turn to their parents for help in buying a home, paying for graduate school or starting a business.

Probate litigation: Did cop unduly influence elderly woman?

New Jersey readers in learning about a court challenge to the last will and testament of an elderly woman from a northeastern state. She died at the age of 94 in Dec. 2012, and an attorney who represented her for years says that a will she executed about seven months before her death was the product of undue influence. The probate litigation dispute is currently focused on three applications before the court - one seeking authorization to administer the May 2012 document, one seeking to reexamine it, and a third seeking dismissal of the request to reexamine as premature.

The decedent's prior will left the bulk of her estate to charity. The will now being offered for probate leaves most of her estate to a local police officer, including a Cadillac, a bond and some stocks, and the decedent's home on a river. According to the woman's prior lawyer, the policeman "shopped" the elderly woman's plans to change her will to four different attorneys before one finally agreed to draft the documents and supervise their execution. The prior lawyer has formally challenged the probate of the latest will and has also requested that the court authorize payment to him from the estate for services rendered to the woman over a number of years.

Digital assets and New Jersey estate planning: Who gets Facebook?

With the digital age squarely upon us, more people in New Jersey and across the country are confronting what happens to their social media accounts when they die. As more of us devote more time to activities like Facebook and Twitter, estate planning questions address what is to happen once the account owner dies. In the absence of specific provisions, litigation may be necessary to resolve questions of access and use of the accounts in question.

Facebook, for one, has instituted a policy that converts an individual's existing page to a "memorialized" one. In effect, this action leaves the page as it was as of the account owner's death, though some note this creates the possibility of an account being memorialized in perpetuity. Further, in the absence of instructions, there is no way of knowing if this alternative is consistent with the wishes of the decedent.

Estate Administration: James Brown settlement tossed amid rebuke

Anyone in New Jersey who ever went to a James Brown concert was probably treated to the famous cape routine. The Godfather of Soul, who died in 2006, had a cape placed over his shoulders as his show was winding down. While he was led off the stage, his backup singers sang "Please, Please Don't Go," prompting Brown's return to perform encores in what sometimes seemed like a happily never-ending concert. While fans were likely upbeat about the long concerts, Brown's family is surely disappointed with a recent court ruling affecting estate administration for the music icon.

While the value of Brown's estate currently appears subject to conjecture, an appeals court recently tossed out a settlement concerning the proposed distribution of the assets. A deal was brokered in 2009 by a state attorney general and, under its terms, almost half of the singer's estate was set aside for a designated trust for charities. The remainder was to be equally split between Brown's widow, on one hand, and his adult children on the other.

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