Michael Jackson’s Estate Liable for $200M in Taxes Due to Unfunded Trust

Gabriel Katzner - February 2, 2016 - Estate Planning

Michael Jackson, the “King of Pop,” had always been a controversial superstar. Over the years, he became the father of three children, Prince Michael Jackson II, Paris-Michael Katherine Jackson, and Michael Joseph Jackson, Jr.

While Jackson created a revocable living trust to care for his children and other family and friends, he never actually funded it. The result? $200 million in estate taxes and years of court battles.

3 Essential Purposes of a Revocable Living Trust

A revocable living trust is a fiduciary arrangement that allows a third party (known as a trustee) to hold assets on behalf of beneficiaries. There are basically three essential purposes of a revocable living trust:

  • Avoiding probate. Unlike wills, funded trusts are not subject to probate as ownership is transferred outside of the grantor’s will. However, unfunded or underfunded trusts will go through probate.
  • Maintaining privacy. Probate is a matter of public record. However, since trusts aren’t subject to probate, privacy is maintained.
  • Mitigating the chance of litigation. Since trusts are not subject to the probate process, they are not a matter of public record. Therefore, fewer people know estate plan details – mitigating the chance of litigation.
  • Providing asset protection. Assets passed to loved ones in trust can be drafted for legal protection so assets cannot be seized by predators and creditors.

While these are arguably the most essential purposes, revocable living trusts can also affect what you pay in estate taxes as well.

Sadly, Jackson could not take advantage of any of these benefits. Although he created a “pour-over” will, which was intended to put his assets into a revocable living trust after his death, the estate still had to be probated.

The probate, along with naming his attorney and a music executive as his executors (instead of family members), fueled a fire that could have been avoided.  With nearly $600 million at stake, it’s no surprise that everyone wanted a piece of the pie.

Don’t Burden Your Family!

Losing a loved one is difficult enough without having to endure legal battles afterward.  In Jackson’s situation, a proper estate plan could have reduced litigation, legal fees, and estate taxes.  His situation, although it deals with hundreds of millions of dollars, applies to anyone who has assets worth protecting.  In other words, it likely applies to everyone!

There are many types of trusts and estate planning vehicles available to ensure that you don’t burden your family after your death.  We’ll show you how to best provide for and protect your loved ones by creating the type of estate plan which is tailored to fit your needs. Contact us to discuss how your family may benefit from a trust.

You can schedule a call with us or reach us directly at 855.528.9637 to learn more about how best to plan today to protect those most important to you.

 

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Gabriel Katzner

In 2002, Gabriel Katzner, the founding partner of Katzner Law Group received his Juris Doctorate with honors from the Fordham University School of Law. After spending the first 7 years of his legal career
practicing at Cahill Gordon & Reindel LLP, an international law firm based in New York, he went on to found his own firm.

Gabriel Katzner has a track record, along with a vast number of outstanding public reviews across platforms, of working hard on behalf of individuals who need assistance with comprehensive
estate planning services. Finding a lawyer who is knowledgeable about revocable and irrevocable trust planning, guardianship for minor children, asset protection, trust administration and probate,
as well as Medi-Cal / Medicaid planning is extremely important.

Years of experience: More than 17 years
Locations: New York, NY / San Diego, CA

Frequently Asked Questions

When you pass, a will helps clarify who will get what so that your loved ones are not left to guess and argue over how things get processed. A will also designates the executor of your estate, so there should be no arguments in court about who should be in charge.

If you pass with minor children and their other parent is not alive or capable of caring for them, you can clarify which family member you would like to have guardianship in your will.

For higher-value estates, estate planning with related taxes in mind is a complex process. We can determine how to position your assets in special trusts or other mechanisms to ensure your family receives as much of your estate as possible.

You decide how your beneficiaries receive your assets, whether in a lump amount all at once through your will or in a structured way over time through a living trust.

When you pass, there is a person who is given the responsibility to distribute your assets in line with your wishes. If you do not identify someone in your will, you risk the courts assigning the task to someone you might not prefer.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. Furthermore, it has received approval from attorney Gabriel Katzner, an experienced estate planning lawyer with over 17 years of legal expertise.

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