What Michael Jackson Has Taught Us All (Part 2)

Blog Post by Melissa Platt, Esq.

Lesson #2: Your estate plan must be updated regularly to keep up with your changing life. An estate plan that is done once, stuck on a shelf, and never looked at again will not be effective when your family needs it. Your circumstances and your assets change, so it is critical to have an on-going relationship with your lawyer so that your estate plan can reflect those changes.

Unfortunately for his family, MJ did not update his estate plan to reflect his changing circumstances. When Michael’s will was signed in 2002, Debbie Rowe (Michael’s ex-wife and disputed biological mother of two of his children) had surrendered her parental rights.

So, it was possible for Michael to name his mother as guardian without fear of Rowe’s interference. Four years later, in 2006, Rowe’s parental rights were reinstated. Michael’s estate plan should have been updated to address this change in circumstances. Michael and Rowe could have documented an agreement that Rowe would not seek guardianship of the children in case of Michael’s death or incapacity. Or, at the very least, Michael could have put into writing why it would not be in the best interests of the children for Rowe to be their guardian.

Sadly, because Michael did not update his estate plan to reflect this change in circumstances, his three children are now caught in the middle of a brewing custody battle between Katherine Jackson (Michael’s mom) and Debbie Rowe. And this after having lost the only parent they’ve really ever known. It seems that a man who had a whole team of lawyers never had any one explain to him what would happen to his children and his assets in case of his sudden death or incapacity.