Michael Jackson and father Joe

Michael Jackson and father Joe


LOS ANGELES -- Michael Jackson's 81-year-old father wants the administrators of his son's will removed and claims there are problems with the will, specifically that it was not signed.

Joe Jackson's attorney, Brian Oxman, is trying to convince a judge that there is a conflict of interest in the case and that John Branca and John McClain should be removed.

Papers filed on behalf of Joe Jackson in Los Angeles Superior Court Monday state that the will Branca and McClain claim belongs to the King of Pop was signed in Los Angeles in July 2002. The entertainer actually was in New York at the time, the Joe Jackson documents state.

"Their concealment of this information from the court is a fraud ... and disqualifies them from being executors of the estate," the Joe Jackson documents state.

After Jackson fired Branca in February 2003, he secretly refused to turn over the will, according to Joe Jackson's court papers.

"It was not until July 1, 2009, that Branca produced the previously concealed will which he had intentionally concealed for six years," the Joe Jackson documents state. "The court should not permit this unethical violation."

Howard Weitzman, an attorney representing Branca and McClain, said the claims filed by Joe Jackson "are so outrageous that they don't deserve a response."

"John Branca and John McClain, who were designated by Michael Jackson in his will as executors of his estate, will continue carrying out Michael's wishes for the benefit of his mother, his children and charities," Weitzman said.

The Joe Jackson documents also allege that Branca and his firm entered into thousands of licensing agreements with the public for music and songs on behalf of Michael Jackson that created a conflict of interest, including reserving for himself a 5 percent ownership interest in the Sony/ATV Music Publishing catalog royalties.

The Sony/ATV catalog has been valued at $1 billion, the Joe Jackson court papers state.

The court papers also allege Branca did not advise Jackson of the tax consequences of his will.

"The 45 percent federal estate tax on the estate's property will be astronomical," the Joe Jackson court papers state.

Jackson's personal assets, including the Neverland Ranch, were worth about $117 million in 2002, according to the Joe Jackson court papers.

"No estate planner in the country would condone this kind of reckless estate plan," the Joe Jackson documents state.

The Joe Jackson court papers also maintain McClain had similar conflicts of interest.

Meantime -- Joe Jackson is seeking an allowance from his son's estate to help cover expenses, which he claims exceed $15,000 a month.

The request seeking an unspecified amount for Joe Jackson was filed by Oxman last week, who said there was no reason for the administrators of the estate not to seek an allowance for Joe Jackson.

Michael's 2002 will, however, did not mention his father.

The singer's private trust calls for money to be paid to his mother, Katherine, his three young children, and various charities.

A judge has approved more than $26,000 in payments to Katherine Jackson each month, and a $60,000 monthly payment for the care of the children.

The latest court documents said Joe Jackson receives a $1,700 monthly Social Security payment and had relied on his son for support for many years. The filing said Jackson suffers from diabetes and had a stroke in 1998.

"He does not have a regular or steady source of income, and he was dependent upon the money provided by his son, Michael Jackson, through his wife, Katherine Jackson, for his support," the filing stated.

"It was quite surprising to learn of the request," Howard Weitzman, an attorney for the administrators of Jackson's estate, said in a statement. "Mr. Jackson's petition will be considered as are all requests for money from Michael's estate."

The filings are inconsistent in several places, listing Joe Jackson's age as 80 in one place and 81 in another.

Moreover, a declaration states his monthly expenses exceed $20,000 a month, but an itemized list only includes slightly more than $15,000.

That list includes $1,200 a month on rent for his Las Vegas home; $2,500 to eat out; $1,000 on entertainment, gifts and vacations; $2,000 on air travel and $3,000 on hotels.

A judge on Friday denied Joe Jackson's petition for an expedited hearing on the matter.

A hearing is scheduled for early 2010 at which time the payments to Katherine Jackson may be re-evaluated.