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July 2009
The Planner Alert
Breaking news for clients and associates
Austin Office: 476.0888        www.greeninglawfirm.com        Georgetown Office: 931.0888
In This Issue
Speaker's Bureau
Event Calendar
Newsletter Archive
Will of Michael Jackson
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Speaker's Bureau

Invite an estate planning expert to speak at your next community, professional, or company event.

Event Calendar - July/August
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Please tell your friends about these upcoming events!  (Click any course title for details)

  • 7/9/09 5:30 PM Austin Cosmopolitan Rotary Club
  • 7/16/09, 2:00 - 3:00 pm Georgetown Office
  • 7/21/09, 2:00 - 3:00 pm or 6:00 - 7:00 pm, Austin Office
  • 8/12/09, 6:30 - 8:30 pm, UT
  • 8/20/09 2:00 - 3:00 pm or 6:00 - 7:00 pm, Austin Office 
  • 8/26/09 2:00 - 3:00 pm or 6:00 pm - 7:00 pm, Georgetown Office 

  • 7/16/09, 3:15 pm - 4:15 pm, Georgetown Office
  • 7/21/09, 3:15 pm - 4:15 pm and 7:15 pm - 8:15 pm, Austin Office
  • 7/29/09, 6:30 - 8:00 pm, Westlake High School, Austin
  • 7/30/09, 6:30 - 8:00 pm, Westwood High School, Round Rock
  • 8/20/09, 3:15 pm - 4:15 pm and 7:15 pm - 8:15 pm, Austin Office
  • 8/26/09, 3:15 pm - 4:15 pm or 6:15 pm - 7:15 pm, Georgetown Office

IRA/401K: The Five Beneficiary Options
  • 7/8/09, 6:30 - 8:00 pm, Westlake High School, Austin
  • 7/16/09, 6:30 - 8:00 pm, Westwood High School, Round Rock
Events for Wealth Planning Professionals
Newsletter Archive (New Feature, Old Newsletters)
Listen In: When to use an Elder Law Attorney
Online Services Offer Estate Planning for the Digital Age
Keeping Mom and Dad Safe at Home
Family Business?...You Might Flip For A FLP...
Reverse Mortgage Variation is Aimed at Seniors Looking to Downsize
Stimulus Payment to Social Security Recipients Arriving
Economic Stimulus Law: How Does It Impact You?
Listen In: 3 Reasons Why a Will is Not Enough
The Dangers of Joint Accounts
Understanding the New Economic Stimulus Law: How Does It Impact You?
What the Stimulus Bill Does for the Elderly
Time and Tide Wait for No Man
NYT RE: Estate Planning
Things to Remember at Tax Time
Tough Times Are Good Times to Trim Estates
Planning You Should Consider Now
New FDIC Rules: Are You Protected?
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Greetings to you from the attorneys at The Greening Law Firm, P.C. 

Michael Jackson had what's called a pour-over will that designates his trust as the beneficiary of his probate estate. Unlike a trust, a will becomes public record as part of the probate process.  This situation serves as a useful reminder of the importance of  completely funding your trust.  It remains to be seen what fraction of Mr. Jackson's assets were in his trust.  Assets not in his trust may be made public record as this will goes through probate. 

Here are some recent articles and blogs on the subject that may interest you.  Scroll down down to view the will.

Michael Jackson & Farrah Fawcett: Estate Plan Wake Up Call - blog of Steven J. Fromm, Attorney, LL.M.

Settling Michael Jackson's Estate May Be a Thriller - Business Week

Michael Jackson's Death and Your Estate Plan - The Wall Street Journal

Michael Jackson's estate: The fallout will be monumental - USA Today


We stand ready to serve you.


Happy Fourth of July!

                                                              tree2
Ronald G. Greening
The Greening Law Firm, P.C.
(Click here to view the actual, signed document)

LAST WILL OF MICHAEL JOSEPH JACKSON

I, MICHAEL JOSEPH JACKSON, a resident of the State of California, declare this to be my last Will, and do hereby revoke all former wills and codicils made by me.

I
I declare that I am not married. My marriage to DEBROAH JEAN ROWE JACKSON has been dissolved. I have three children now living, PRINCE MICHAEL JACKSON, JR., PARIS MICHAEL KATHERINE JACKSON and PRINCE MICHAEL JOSEPH JACKSON, 11. I have no other children, living or deceased.

II
It is my intention by this Will to dispose of all property which I am entitled to dispose of by will. I specifically refrain from exercising all powers of appointment that I may possess at the time of my death.

III
I give my entire estate to the Trustee or Trustees then acting under that certain Amended and Restated Declaration of Trust executed on March 22, 2002 by me as Trustee and Trustor which is called the MICHAEL JACKSON FAMILY TRUST, giving effect to my amendments thereto made prior to my death. All such assets shall be held, managed and distributed as a part of said Trust according to its terms and not as a separate testamentary trust.
If for any reason this gift is not operative or is invalid, or if the aforesaid Trust fails or has been revoked, I give my residuary estate to the Trustee or Trustees named to act in the MICHAEL JACKSON FAMILY TRUST, as Amended and Restated on March 22, 2002, and I direct said Trustee or Trustees to divide, administer, hold and distribute the trust estate pursuant to the provisions of said Trust, as hereinabove referred to as such provisions now exist to the same extent and in the same manner as though that certain Amended and Restated Declaration of Trust, were herein set forth in full, but without giving effect to any subsequent amendments after the date of this Will. The Trustee, Trustees, or any successor Trustee named in such Trust Agreement shall serve without bond.

IV
I direct that all federal estate taxes and state inheritance or succession taxes payable upon or resulting from or by reason of my death (herein "Death Taxes") attributable to property which is part of the trust estate of the MICHAEL JACKSON FAMILY TRUST, including property which passes to said trust from my probate estate shall be paid by the Trustee of said trust in accordance of terms. Death Taxes attributable to property passing outside this Will, other than property constituting the trust estate of the trust mentioned in the preceding sentence, shall be charged against the taker of said property.

V
I appoint JOHN BRANCA, JOHN MCCLAIN and BARRY SIEGEL as co-Executors of this Will. In the event of any of their deaths, resignations, inability, failure or refusal to serve or continue to serve as co-Executor, the other shall serve and no replacement need be named. The co-Executors serving at any time after my death may name one or more replacements to serve in the event that none of the three named individuals is willing or able to serve at any time.
The term "my executors" as used in this Will shall include any duly acting personal representative or representatives of my estate. No individual acting as such need post a bond.

I hereby give my Executors, full power and authority at any time or times to sell, lease, mortgage, pledge, exchange or otherwise dispose of the property, whether real or personal comprising my estate, upon such terms as my Executor shall deem best, to continue any business enterprises, to purchase assets from my estate, to continue in force and pay insurance premiums on any insurance policy, including life insurance, owned by my estate, and for any of the foregoing purposes to make, execute and deliver any and all deeds, contracts, mortgages, bills of sale or other instruments necessary or desirable therefore. In addition, I give my Executors full power to invest and reinvest the estate funds and assets in any kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, corporate obligations of every kind and stocks, preferred or common, and interests in investments trusts and share in investment companies, and any common trust fund administered by any corporate executor hereunder, which men of prudent discretion and intelligence acquire of their own account.

VI
Except as otherwise provided in this Will or in the Trust referred to in Article III hereof, I have intentionally omitted to provide for my heirs. I have intentionally omitted to provide for my former wife, DEBORAH JEAN ROWE JACKSON.

VII
If at the time of my death I own or have an interest in property located outside of the State of California requiring ancillary administration, I appoint my domiciliary Executors as ancillary Executors for such property. I give to said domiciliary Executors the following additional powers, rights and privileges to be exercised in their sole and absolute discretion with reference to such property: to cause such ancillary administration to be commenced, carried on and completed; to determine what assets, if any, are to be sold by the ancillary Executors; to pay directly or to advance funds from the California estate to the ancillary Executors for the payment of all claims, taxes, costs and administration expenses, including compensation of the ancillary Executors and attorneys' fees incurred by reason of the ownership of such property and by such ancillary administration; and upon completion of such ancillary administration, I authorize and direct the ancillary Executors to distribute, transfer and deliver the residue of such property to the domiciliary Executors herein, to be distributed by them under the terms of this Will, it being my intention that my entire estate shall be administered as a unit and that my domiciliary Executors shall supervise and control, so far as permissible by local law, any ancillary administration proceedings deemed necessary in the settlement of my estate.

VIII
If any of my children are minors at the time of my death, I nominate my mother, KATHERINE JACKSON as guardian of the persons and estates of such minor children. If KATHERINE JACKSON fails to survive me, or is unable or unwilling to act as guardian, I nominate DIANA ROSS as guardian of the persons and estates of such minor children.

I subscribe my name to this Will this 7 day of July, 2002

Signed 'Michael Joseph Jackson'

On the date written below, MICHAEL JOSEPH JACKSON, declared to us, the undersigned, that the foregoing instrument consisting of five (5) pages, including the page singed by us as witnesses, was his Will and requested us to act as witnesses to it. He thereupon signed this Will in our presence, all of us being present at the same time. We now, at his request, in his presence and in the presence of each other, subscribe our names as witnesses.

Each of us is now more than eighteen (18) years of age and a competent witness and resides at the address set forth after his name.

Each of us is acquainted with MICHAEL JOSEPH JACKSON. At this time, he is over the age of eighteen (18) years and, to the best of our knowledge, he is of sound mind and is not acting under duress, menace, fraud, misrepresentation or undue influence.


Executed on July 7th, 2002 at 5:00 p.m., Los Angeles

Practice Limited to Estate Planning, Estate Administration, Probate, and Elder Law


506 West 15th Street, Austin, Texas 78701, 476.0888
1601 Williams Drive Georgetown, Texas 78628, 931.0888


The hiring of an attorney is an important decision.  The items discussed in this newsletter are of a general nature and not intended to provide legal advice.  Please consult with a qualified estate planning/elder law attorney to determine the best options for your personal circumstances.

In accordance with IRS Circular 230, the content of this newsletter is not to be relied upon for the preparation of a tax return or to avoid tax penalties imposed by the Internal Revenue Code.  If you desire a formal opinion on a particular tax matter for the purpose of filing a return or avoiding the imposition of any penalties, please contact us to discuss the further Treasury requirements that must be met and whether it is possible to meet those requirements under the circumstances, as well as the anticipated time and fees involved.

To comply with the U.S. Treasury regulations, we must inform you that (i) any U.S. federal tax advice contained in this newsletter was not intended or written to be used, and cannot be used, by any person for the purpose of avoiding U.S. federal tax penalties that may be imposed on such person and (ii) each taxpayer should seek advice from their tax advisor based on the taxpayer's particular circumstances.