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本帖最后由 rem_79 于 2009-7-30 18:32 编辑
MJ母亲的律师团队要求一项裁决，赋予他们权力给遗产执行人施压，以便在下周一个关键听证会召开前获知更多有关其儿子资产的信息，但是法官拒绝了他们努力。
代表凯瑟林的律师在这周二请求当局允许他们与约翰布兰卡律师和前音乐主管约翰麦凯林在周五面谈，要求他们（约翰布兰卡和约翰麦凯林）出示商业合约和其它与这位歌星有关的文件，凯瑟琳的律师在一份法律文书上说这些信息对下周可能决定杰克逊逾5亿美元资产的永久代表的听证会是“潜在决定性的”。
洛杉矶高等法院法官Mitchell Beckloff推迟处理他们的要求到下周一，有效地废止了它。
法官Beckloff将在下周一的听证会上决定布兰卡和麦凯林是否由临时资产执行人转为永久资产执行人，以及允许给凯瑟琳及杰克逊的三名子女发放津贴。
杰克逊2002年的遗嘱将其资产置于家庭信托基金的管理下，受益人是凯瑟琳和他三个孩子以及儿童慈善团体。
根据L.Londell McMillan(凯瑟琳律师团队一员)的书面声明，周二的文件意味着要求得到“与MJ有关的、重要的个人的商业、法律信息以及文件”，包括他与AEG公司的合约。
他们同时在寻找“人寿保险单，财产授予与文书与争论,以及MJ与临时特别执行人的协议，”McMilan说他们已经在早些时候要求这些文件并希望在周一听证会前看到它们。
凯瑟琳的律师在文书中断言布兰卡和麦凯林“有意让凯瑟琳尽可能多和长时间地蒙在鼓里”。
布兰卡和麦凯林的律师回应，歌星的母亲提出“大量的难以负担的侵略性的要求”，那很难在短时间内会面，它同时指出由于保密协定他们不能提供MJ与AEG公司有关复出演唱会的合约细节，但如果凯瑟琳同意遵守保密协议的话他们愿意与凯瑟琳分享合约，他们没有就协议的条件达成一致。
资产执行人的律师团同时争论说他们不清楚为什么凯瑟琳要求知悉那么多的信息。她传票和具结书的通知充斥着“拖延时间的和昂贵的法律战争，看起来是那么的不正当。”
代表资产执行人的律师Howard Weitzman在一份声明中说,周二晚McMillan做出代表凯瑟琳的声明说明"他们希望改写MJ的遗嘱,使杰克逊夫人成为"遗产保护人"并让她成为遗嘱执行人及受托人."
McMillan指出 Weitzman的声明是“一半真实的”。
“我们接受遗嘱，但杰克逊女士不接受执行人和受托管者，法律赋予她这项权力求助于法律推翻不合适的部分。”麦克米兰说。
“现在，我们有三个问题：谁拟写了这份遗嘱？信托在哪里？2002到2009年间MJ和推荐的执行者间发生了什么？为什么会拒绝凯瑟琳继续作为受托人管理非常重要的商业活动,尤其在遗嘱中同意她参与其中。”他说，“这是很令人不安的，我们应去了解它真正原因。”
Jackson's mother seeking info from estate lawyers
The legal team for Michael Jackson's mother asked a judge for the power to press the administrators of her son's estate for more information ahead of a key hearing next week, but the judge rebuffed the effort.
Lawyers for Katherine Jackson on Tuesday requested the authority to interview attorney John Branca and former music executive John McClain this Friday, as well as demand they produce business contracts and other documents related to the late pop star.
Her lawyers argued in a court filing that the information was "potentially crucial" to a hearing set for Monday that could determine the permanent representatives of Jackson's estate, which is estimated to be worth more than $500 million.
Los Angeles Superior Court Judge Mitchell Beckloff put off dealing with their request until Monday, effectively quashing it.
Beckloff may determine at Monday's hearing whether special administrators Branca and McClain will transition from temporary to permanent representatives of the estate, and whether an allowance will be granted to Katherine Jackson and to Jackson's three children.
Jackson's 2002 will puts his assets in a trust that benefits Katherine, his three children and unnamed children's charities.
Tuesday's filing was meant to expedite the process of obtaining "important personal, business and legal information and documents relating to Michael Jackson" including his deal with concert promoter AEG Live, according to a written statement from L. Londell McMillan, who is part of Katherine Jackson's legal team.
They're also seeking "life insurance policies, settlements and disputes, as well as agreements between the temporary special administrators and Michael Jackson (and others)."
McMillan said they'd requested some of the documents earlier and had hoped to see them before the Aug. 3 hearing.
Katherine Jackson's lawyers alleged in filings that Branca and McClain were "intent on keeping her in the dark as much and for as long as possible."
Branca and McClain's legal team responded that the singer's mother had made "voluminous, burdensome and invasive discovery demands" that were impossible to meet in a short time frame.
It added that it could not produce the contract detailing Jackson's comeback tour with promoter AEG Live because of confidentiality provisions, but was willing to share the contract if Katherine Jackson agreed to the provisions. The parties were unable to agree on the terms.
The administrators' legal team also argued that it was unclear why Katherine Jackson was demanding so much information. Her subpoena and deposition notices had "all the earmarks of a protracted and expensive legal battle which does not appear to be justified," the administrators' lawyers said in a filing.
Attorney Howard Weitzman, who represents Branca and McClain, said in a statement issued Tuesday evening that comments McMillan has made on Katherine Jackson's behalf indicate "they want to rewrite Michael's will to make Mrs. Jackson 'Guardian of the Estate' and have her appointed as an Executor and Trustee of Michael Jackson's Estate."
"In his will, Michael was very specific that his mother act as the Guardian of his children and that Mr. Branca and Mr. McClain be the Executors of his Will and Trustees of his trust," Weitzman said.
In response, McMillan referred to Weitzman's statement as "half-truths."
"We accept the will, but Mrs. Jackson has not accepted both executors and trustees, and the law provides Mrs. Jackson legal recourse for removal of unfit fiduciaries," McMillan said.
"For now, we have three questions: Who drafted the will and where is the trust, what happened between 2002 and 2009 among Michael Jackson and the proposed executors, and why would anyone reject Mrs. Katherine Jackson to continue to serve as a trustee for Michael's most important business activities, especially when the will and/or trust allows them to include her?" he said. "This is quite troubling to us, and we shall get to the bottom of it."
(此文来自美联社,请以英语原文为准) |
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狗仔卡
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