When Guardianship Nominations Go Bad

Mina Sirkin a nationally recognized attorney reporting on inheritance matters, expects that the disputes around Jackson's children, estate and life insurance may have unexpected results.

Sirkin, who was the CBS2/KCAL9 expert on the death of Anna Nicole Smith and the guardianship of her child, and a media expert regarding the Conservatorship of Britney Spears, says it is likely that the nomination of guardian by Michael Jackson relating to the two children he had with his ex-wife, Debbie Rowe may fail because the court did not make the special findings necessary to terminate her paternal rights.

Therefore, under California law, Rowe as the mother of those two children will have priority over any nominated "guardian of the person" by Michael Jackson. However, Debbie can't expect the same results when it comes to guardianship of the estate of the minors.

The Jackson case is a perfect example of when guardianship nominations can go bad. Parents who name guardians of the person who were married to the parent of the minors can't expect their intended results, unless the other parent has actually consented to the nomination in writing in California.

Surrogate parents also have special rights in California which if not terminated by the court will remain in tact for the surrogate parent. At this point, it is unclear whether or not any court has terminated the surrogate's rights.

Any and all of Jackson's life insurances are at risk at this point, even if he created irrevocable life insurance trusts for his minor kids naming those children as beneficiaries. Sirkin continues to say that large policies are subject to many exclusions and the facts of death of Jackson, along with the coroner's findings, will greatly impact whether those insurance will be paid.

Full Article and Source:
TV Legal Expert says Michael Jackson's Children are not Protected

Gloria Allred, who requested the court appoint a guardian for the children of OctoMom, had this to say:

The court still has jurisdiction to decide what's in the best interest of the children.You cannot will a child like a piece of property, or piece of jewelry -- a child is a human being. The court will give great weight to the preference of the parent, but will not be bound by that preference.

Whoever obtains guardianship of the kids is going to need funds to take care of these children. But there are lots of debts and creditors who will want to get their money, too. I anticipate there will soon be a probate battle going on.

I do anticipate that there may soon be guardianship battles, custody battles, and probate battles. This is the beginning of a whole new chapter.

Source:
Gloria Allred's Thoughts on Michael Jackson

See also:
A Storm Brewing