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Jackson's mother loses control of son's estate

(Agencies)
Updated: 2009-07-07 08:45

The authority Branca and McClain have on Jackson's estate will expire Aug. 3, when another hearing will be held. "Mr. Branca and Mr. McClain for the next month are at the helm of the ship," Beckloff said.

Attorneys also disclosed that another Jackson will from 1997 has been lodged with the court, but will only become a factor if the 2002 will is invalidated. Details of the older will were not disclosed.

Levitch, an attorney for Katherine Jackson, told Beckloff that Branca had previously been removed from financial positions of authority by Jackson. Branca's attorney says he was rehired by Jackson on June 17, days before Jackson's death.

Katherine Jackson did not appear at Monday's hearing. Branca did attend.

Levitch said it was unclear whether McClain would serve as an administrator because he was of ailing health. Attorneys for McClain and Branca described him as having a physical disability but having a completely sound mind. They also noted a decades-long relationship with the Jackson family.

The judge granted Branca and McClain several powers over the estate, including the rights to negotiate a settlement with concert promoter AEG Live over refunds for Jackson's canceled London shows. Beckloff stressed that Katherine Jackson should be given complete information about major transactions, but that he as the judge would grant final approval.

John E. Schreiber, an attorney for Katherine Jackson, said, "Frankly, Mrs. Jackson has concerns about handing over the keys to the kingdom."

Michael Jackson owned a 50 percent stake in the massive Sony-ATV Music Publishing Catalog, which includes music by the Beatles, Bob Dylan, Neil Diamond, Lady Gaga and the Jonas Brothers.

Branca had a 5 percent interest in the catalog in September 2005, according to Uniform Commercial Code filings in New York, but his interest was terminated in December 2007.

Katherine Jackson's lawyers had argued in court that she needed to be special administrator of the estate to be able to determine if Branca and McClain had other dealings with Jackson or his partners that could be construed as a conflict of interest.

Paul Gordon Hoffman, an attorney for Branca and McClain, said some of Katherine Jackson's concerns were unfounded.

"We're not aware of any real conflicts at all," he said in response to a claim that the men may have business dealings with parties such as concert promoter AEG Live.

In contrast, Hoffman said Jackson's mother had more of a potential conflict administering the estate because she is a likely beneficiary.

"If there are any conflicts by the parties, Katherine Jackson rather than Mr. McClain and Mr. Branca have them," Hoffman said.

Beckloff noted the contentious relationship brewing between Katherine Jackson and Branca, who personally delivered the will to the family's home a week ago.

"We're getting off to a bit of a rocky start here out of the gate," Beckloff said toward the end of Monday's hearing.

L. Londell McMillan, Katherine Jackson's main attorney, said after the hearing that he did not expect a protracted fight.

"We have no reason to believe this is going to turn into a nasty fight over millions and millions of dollars," McMillan said.

He said he and other attorneys will be watching Branca's and McClain's actions closely.

"We will be working to ensure that Mr. Jackson's legacy will be treated with dignity," McMillan said. "Mr. Jackson's life and legacy will be memorialized tomorrow and we will move forward."

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