By Lee R. Phillips

Brittany Murphy’s death has certainly come as a shock to the world.  In a way, it is even more shocking to learn that the death was “due to natural causes,” according to the Los Angeles coroner.  Her husband, British screenwriter Simon Monjack, is in shock and is quoted as stating, “I am feeling beyond devastated.”  The shock and grief associated with the death of a loved one can never be prepared for or softened.

The death of one as young as Brittany Murphy reminds us all of our fragile mortality and punctuates the uncertainty of life.  As an individual, I see a personal tragedy on several levels.  As an attorney, I hope she had her legal ducks in a row.  Her death reminds us of our obligations that need to be attended to.  It makes a huge difference.

Michael Jackson also died this year.  His death was also a personal tragedy, but he had done his legal homework, and his estate lives on.  You might remember that after his death the media squared off to have a heyday reporting on the financial dealings of his large troubled empire.  After the first week, it was disclosed that the foundation of his empire was a living revocable trust.  The trust had been maintained. (Just having a trust document isn’t enough.  It has to be used and “maintained.”)  I imagine the media gave a great groan, when they learned the trust was in place, because they were shut out of the juicy details of Michael Jackson’s estate. (more…)

Michael Jackson’s will probably wasn’t drafted well. Look, the attorneys are charging big bucks, and the family is already in court even though a family trust was in place. All we know at this point is that his mother is named by the will as primary guardian and Diana Ross as secondary guardian. In 2002, Jackson made a will that named his attorney John Branca, whom he fired in 2006, and John McClain, an old friend, as his executors. Rumor has it that the will gives pieces of his estate to his mother, his children, and charities, but he also has a family trust, and that may take priority. It is also rumored that the will dumps everything into his family trust. There are some obvious problems with the will and the way his estate was planned.

Although you are not in the financial position Jackson was, you don’t need to make the same mistakes he has apparently made. First, avoid the mistake of letting your attorney be executor of your estate. Although your lawyer may be your trusted consultant, do not appoint him as your executor. The attorney who drafts the will should not appoint himself as executor? It’s nearly malpractice. Funny things start to happen with no contest. Why did it take so long for the attorney to come forth with Jackson’s will? Jackson’s mother’s lawyer, Burt Levitch is noticeably aggravated that he started a proceeding for custody of the children on behalf of Katherine Jackson, and then a will appeared. Of course Mr. Branca knew he possessed the will. A lawyer doesn’t draw up a will for the likes of Michael Jackson and put it in the files and forget about it.

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