Michael Jackson’s Mom Joins a Lawsuit Against His Estate
On February 24, 2017, the Rolling Stone reports that Katherine Jackson, Michael Jackson’s mom, joined former Jackson associates in a lawsuit against the executor of his estate. According to the article, her lawsuit against the executors, John Branch and John McClain, is “over a stake of ownership in the Michael Jackson Company”. Ms. Jackson “asserts that important estate matters have been made without her input.” Is this a reason to sue the executor or personal representative of an estate? When can beneficiaries of an estate sue the estate?
Although Jackson’s estate is not a Florida estate, beneficiaries in Florida frequently sue the estate. Under Florida law, the executor of a decedent’s estate is known as the personal representative. The personal representative is the legal representative of the estate, and is issued letters of administration which empower the individual to act on behalf of the estate.
Once the personal representative is granted the authority by letters of administration, he or she can be sued in that capacity. There are many reasons that one may bring suit against a personal representative, which include claims by creditors (if a statement of claim filed in an estate is denied then a creditor has a 30 days window to file an independent action), claims by beneficiaries for breach of fiduciary duties by the personal representative, improper administration of the estate (failure to make timely distributions to beneficiaries, improper retention of professionals), and improper compensation of the personal representative and/or his or her attorney (a personal representative in Florida must be represented by a member of the Florida Bar unless he or she is a member of the Florida Bar or the sole interested person in the estate, see Fla. Prob. R. 5.030).
To read the entire article regarding Ms. Jackson’s lawsuit, click here. In the event you have a question regarding bringing suit against either a decedent’s estate via a creditor claim, or you are a beneficiary concerned about the administration of a decedent’s estate by the personal representative (executor), a consultation with a Florida probate litigation firm would be time well spent to answer and address your questions and concerns.