2 July 2009
Lagos — Michael Jackson's seven-year-old will was filed yesterday in a Los Angeles court, giving his entire estate to a family trust and cutting out his former wife, Debbie Rowe, the Associated Press (AP) reported yesterday.
The will, dated July 7, 2002, estimated his estate at that time at more than $500 million.
It names his mother, Katherine Jackson, as a beneficiary of the trust and the guardian of Jackson's children, who are named in the will.
It also names entertainer Diana Ross as a successor guardian for the children and their estates if something happens to Katherine Jackson.
Ross introduced the Jackson 5 on the Ed Sullivan Show in the late 1960s and was instrumental in launching their career. She was a lifelong friend of Michael Jackson.
Meanwhile, a person familiar with the situation said no public Jackson memorial was planned for Neverland.
Santa Barbara officials had discussed the possibility a memorial or public viewing could occur today.
But the person, who is not authorised to speak for the family and requested anonymity, said nothing was planned for Neverland at least through tomorrow. The source said it appears more likely a funeral and burial will take place in Los Angeles. The family has the final say.
The person says billionaire Thomas Barrack, who owns Neverland in a joint venture with Jackson, sought an exemption to bury the singer at the ranch. But the person says it's a complicated process and it couldn't be done for a burial this week.
The will gives the entire estate to the Michael Jackson Family Trust. Details of the trust will not be made public.
The documents said Jackson's estate consisted almost entirely of "non-cash, non-liquid assets, including primarily an interest in a catalogue of music royalty rights which is currently being administered by Sony ATV, and the interests of various entities".
One of Jackson's most lucrative assets is his 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, and is estimated to be worth as much as $2 billion.
Jackson's long-time lawyer John Branca and John McClain, a music executive and a family friend, are named in the will as co-executors.
In a statement, Branca and McClain said: "The most important element of Michael's will is his unwavering desire that his mother, Katherine, become the legal guardian for his three children. As we work to carry out Michael's instructions to safeguard both the future of his children as well as the remarkable legacy he left us as an artist, we ask that all matters involving his estate be handled with the dignity and the respect that Michael and his family deserve."
The five-page will is signed by Jackson, and each paragraph includes Jackson's scrawling initials.
Jackson, who died Thursday, last week, at age 50, left behind three children: son Michael Joseph Jr., known as Prince Michael, 12; daughter Paris Michael Katherine, 11; and son Prince Michael II, 7. Rowe was the mother of the two oldest children; the youngest was born to a surrogate mother, who has never been identified.
Katherine Jackson was granted temporary guardianship Monday of Jackson's three children. A judge held off on requests to control the children's estates, and gave her limited control over her son's property.
Rowe, who was married to Jackson in 1996 and filed for divorce three years later, surrendered her parental rights. An appeals court later found that was done in error, and Rowe and Jackson entered an out-of-court settlement in 2006.
Neither Rowe nor her attorneys have indicated whether she intends to seek custody of the two oldest children.
Funeral plans have not yet been announced.
On Tuesday, heavy construction equipment and workers passed through the gates of Neverland Ranch, fuelling speculation that it could soon be hosting Jackson's funeral or even a permanent memorial.
Groups of gardeners and florists bearing huge wreaths were also spotted on the 2,500-acre Santa Barbara County property about 120 miles northwest of Los Angeles.
Members of Jackson's family met Tuesday with officials from the Los Angeles police and California Highway Patrol about funeral services. But "details are still pending," according to Fran Clader, a spokeswoman for the patrol. The patrol would need to be consulted if the body was moved from Los Angeles to Neverland.
It was unclear whether Jackson could be legally buried at the ranch. The state's health and safety code makes interring any uncremated remains outside of a cemetery a misdemeanour. Cremated remains can be kept in a home or private mausoleum outside a cemetery.
In another report, AP quoted a source as saying Jackson was so distraught over persistent insomnia in recent months that he pleaded for a powerful sedative despite warnings it could be harmful.
This assertion was made by a nutritionist who was working with the singer as he prepared his comeback bid, Cherilyn Lee, a registered nurse whose specialty includes nutritional counselling.
She said on Tuesday that she repeatedly rejected his demands for the drug, Diprivan, which is given intravenously.
But a frantic phone call she received from Jackson four days before his death made her fear that he somehow obtained Diprivan or another drug to induce sleep, Lee said.
While in Florida on June 21, Lee was contacted by a member of Jackson's staff.
"He called and was very frantic and said, 'Michael needs to see you right away.' I said, 'What's wrong?' And I could hear Michael in the background ..., 'One side of my body is hot, it's hot, and one side of my body is cold. It's very cold,'" Lee said.
"I said, 'Tell him he needs to go the hospital. I don't know what's going on, but he needs to go to the hospital ... right away."
"At that point, I knew that somebody had given him something that hit the central nervous system," she said, adding, "He was in trouble Sunday and he was crying out."
Jackson did not go to the hospital. He died June 25 after suffering cardiac arrest, his family said. Autopsies have been conducted, but an official cause of death is not expected for several weeks.
"I don't know what happened there. The only thing I can say is he was adamant about this drug," Lee said.
Following Jackson's death, allegations emerged that the 50-year-old King of Pop had been consuming painkillers, sedatives and antidepressants. But Lee said she encountered a man tortured by sleep deprivation and one who expressed opposition to recreational drug use.
"He wasn't looking to get high or feel good and sedated from drugs," she said. "This was a person who was not on drugs. This was a person who was seeking help, desperately, to get some sleep, to get some rest."
Jackson was rehearsing hard for what would have been his big comeback - his "This Is It" tour, a series of performances that would have strained his aging dancer's body. Also, pain had been a part of his life since 1984, when his scalp was severely burned during a Pepsi commercial shoot.
"The Incredible Hulk" star Lou Ferrigno, who's been working out with Jackson for the past several months, said Jackson was focused on health.
"When he was with me, he wasn't different. He wasn't stoned. He wasn't high. He wasn't being aloof or speedy. Never talked about drugs," Ferrigno said. "I've never seen him take drugs. He was always talking about nutrition."
Several months ago, Jackson had begun badgering Lee about Diprivan, also known as Propofol, Lee said. It is an intravenous anaesthetic drug widely used in operating rooms to induce unconsciousness. It is generally given through an IV needle in the hand.
Patients given Propofol take less time to regain consciousness than those administered certain other drugs, and they report waking up more clear-headed and refreshed, said University of Chicago psychopharmacologist James Zacny.
It has also been implicated in drug abuse, with people using it to "chill out" or to commit suicide, Zacny said. Accidental deaths linked to abuse have been reported. The powerful drug has a very narrow therapeutic window, meaning it doesn't take doses much larger than the medically recommended amount to stop a person's breathing.
An overdose that stops breathing can result in a build-up of carbon dioxide, causing the heart to beat erratically and leading to cardiac arrest, said Dr. John Dombrowski, a member of the board of directors of the American Society of Anaesthesiologists.
Because it is given intravenously and is not the kind of prescription drug typically available from pharmacists, abuse cases have involved anaesthesiologists, nurses and other hospital staff with easy access to the drug, Zacny said.
In recent months, Lee said, Jackson waved away her warnings about it.
"I had an IV and when it hit my vein, I was sleeping. That's what I want," Lee said Jackson told her.
"I said, 'Michael, the only problem with you taking this medication' - and I had a chill in my body and tears in my eyes three months ago - 'the only problem is you're going to take it and you're not going to wake up," she recalled.
According to Lee, Jackson said it had been given to him before but he didn't want to discuss the circumstances or identify the doctor involved.
Londell McMillan, attorney for Katherine and Joe Jackson, talked about Lee's disclosures Tuesday on CNN.
"It's a hearsay comment. It would be inadmissible anywhere in a court of law," he said. "I also wonder why anyone would make a comment about something that they don't have much knowledge about. They didn't see the drug administered. It's again because of the Michael Jackson factor."
Lee said the singer drew his own distinctions when it came to drugs versus prescription medicine.
"He said, 'I don't like drugs. I don't want any drugs. My doctor told me this is a safe medicine,'" Lee said. The next day, she said she brought a copy of the Physician's Desk Reference to show him the section on Diprivan.
"He said, 'No, my doctor said it's safe. It works quickly and it's safe as long as somebody's here to monitor me and wake me up. It's going be OK,'" Lee said. She said he did not give the doctor's name.
Lee said at one point, she spent the night with Jackson to monitor him while he slept. She said she gave him herbal remedies and stayed in a corner chair in his vast bedroom.
After he settled in bed, Lee told Jackson to turn down the lights and music - he had classical music playing in the house. "He also had a computer on the bed because he loved Walt Disney," she said. "He was watching Donald Duck and it was ongoing. I said, 'Maybe if we put on softer music,' and he said, 'No, this is how I go to sleep.'"
Three and a half hours later, Jackson jumped up and looked at Lee, eyes wide open, according to Lee. "This is what happens to me," she quoted him as saying. "All I want is to be able to sleep. I want to be able to sleep eight hours. I know I'll feel better the next day."
Lee, 56, is licensed as a registered nurse and nurse practitioner in California, according to the state Board of Registered Nursing's Web site. She attended Los Angeles Southwest College and the Charles Drew University of Medicine and Sciences in Los Angeles.
Comedian Dick Gregory, who knows Lee and her work, said he believes Jackson's insomnia had its roots in the pop star's 2005 trial on child molestation charges. Jackson's health had deteriorated so much that his parents called Gregory, a natural foods proponent, for help.
Gregory said Jackson wasn't eating or drinking at the time and, after he was persuaded by Gregory to undergo testing, ended up hospitalized for severe dehydration.
But Jackson obviously was healthy enough to withstand the level of medical scrutiny needed to insure him for the upcoming high-stakes London concerts, Gregory said. "That you don't trick," he said of the exams.
Lee, who has also worked with Stevie Wonder, Marla Gibbs, Reynaldo Rey and other celebrities, said she was introduced to Jackson by the mother of one of his staff members. Jackson's three children had minor cold symptoms and their paediatrician was out of town.
Lee said she went to the house in January, the first of about 10 visits there through April, and treated the children with vitamins. Michael, intrigued, asked what else she did and took her up on her claim she could boost his energy.
After running blood tests, she devised protein shakes for him and gave him an intravenous vitamin and mineral mixture - known as a "Myers cocktail," after Dr. John Myers - which Lee said she uses routinely in her practice.
"It wasn't that he felt sick," she said. "He just wanted more energy."
Lee said she decided to speak out to protect Jackson's reputation from what she considers unfounded allegations of drug abuse or shortcomings as a parent.
"I think it's so wrong for people to say these things about him," she said. "He was a wonderful, loving father who wanted the best for his children."
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