In the Appellate Panel in Los Angeles, the 3 judge panel said that Katherine Jackson failed to argue that the asset sale allegedly violated the terms of Michael Jackson’s will and she cannot do so in the appeal
In a new tentative opinion expected to be adopted over the next 90 days, the appellate panel sided with Michael Jackson’s estate executors and said Katherine Jackson “forfeited” the core claim of her appeal by not raising it in the lower court that first rubber-stamped the deal. The tentative ruling from California’s Second Appellate District went on to say that even if Katherine had raised that issue in the probate court, it wouldn’t have mattered. Looking at the merits of her appeal, the judges said they agree with the prior judge’s ruling that the executors had the full power and authority to negotiate the sale.
Katherine was supposed to give an oral argument for the appeal yesterday but was cancelled after receiving the tentative issued which ended with “this court will not entertain further briefing or grant a continuance.”
“Katherine did not contend [in the lower court] that the sale violated the terms of Michael’s will or were inconsistent with the Probate Code. Indeed, as the executors note, Katherine agreed in the probate court that the will gives the executors the power to sell, exchange, or otherwise dispose of the estate’s real or personal property,” the judges wrote. They pointed out that Katherine instead challenged the proposed transaction on the grounds that “the assets to be sold were valuable and would appreciate over time, the estate did not need the cash generated by the sale, the sale violated Michael’s wishes as communicated to various members of his family, and the executors took no steps to confirm that the sale price was at or above fair market value.”
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