Legal lesson in MJ death

July 8, 2009
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I know, I know, there’s been non-stop news coverage of the death of Michael Jackson since June 25, and the last place you’d expect to read more about him is here. But I think there is a legal lesson to be learned from his death if you’ll just hear me out – the importance of wills.

For a few days, there was talk that Jackson didn’t have a will. Turns out, he had one prepared back in 2002. My thought when hearing these discussions: Maybe this will make people following this saga create or update their wills. (Does this mean I’m starting to think like a lawyer if that’s what I immediately think about when watching the coverage?)

For some reason, when celebrities do certain things or when they die, it affects some people more profoundly and personally than if the same thing happened to a non-celebrity. Because these celebrities are on our TVs each week, on the big screen, or playing on our radios, some feel a connection to them that they may not have with neighbors or family. Let’s face it – celebrities are influential and perhaps Jackson can influence people to make a will.

I do think if he hadn’t had a will, it would be even more influential on people because the talking heads would have picked this apart and spent days, weeks, or even months talking about it as Jackson’s affairs were settled.

We, as the general public, know wills are important but the thought of actually creating one (and paying a lawyer to help make one) can be daunting and overwhelming. People put it off because creating a will signifies dealing with your mortality. Although we know we won’t live forever, no one likes to think about actually dying.

Some people have wills, but then never update them. Life happens after you create the will – you make more money, get married, get divorced, have children, etc. Perhaps what you wanted to leave to your brother before you had children you’d now rather leave to your son. Things like that.

I imagine most people watching the news and memorial service are just trying to remember a great entertainer who had a major impact on the world, but maybe a few will remember to update their wills or find a lawyer to make one.
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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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