Mocienne Elizabeth Petit Jackson's petition

[Puff]

MPJ filed: "'Authorization to administer under Independent Administration of Estates Act'"

The petition filed by MPJ is a Petition for Probate (Probate Decedents Estates): You are not allowed to view links. Register or Login  The marked checkbox shows "Authorization to Administer Under the Independent Administration of Estates Act".  

Authorization to administer under Independent Administration of Estates Act: The California Probate Code allows a somewhat simplified formal probate administration. Essentially, it eliminates the requirement of obtaining court approval for many of the common transactions undertaken by the personal representative. However, some actions are not exempt and require either express court approval or written notice to all beneficiaries of a proposed course of action, giving them a period of 15 days in which to lodge an objection before the action is taken (§§ 10400-10600).
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Since we can only see a small part of MPJ's petition on the screenshot we have no idea what is marked or written in addition.  

[/b]

[Serenitys_Dream]

I am also somewhat confused by the use of this form. I don't know anything about wills and not US probate but isn't this form for the administration of an estate as the administrator?
Is MPJ asking to be made the estates administrator and not just a claimant?
She also isn't a US resident...

How do I get appointed as personal representative? Do you qualify and are you entitled to be appointed?
     * Qualifications:
      If you are named in a Will to act as executor, you will be eligible to serve if you are over 18 years old and are not subject to a conservatorship or otherwise unable to perform the duties of a personal representative.

      If you are not named as executor, or if the decedent did not have a Will, you must also be a resident of the U.S. and have priority to be appointed as administrator (if there is no Will) or administrator-with-Will-annexed (if there is a Will but you are not named as executor).
       
    * Priority for appointment:
      If there is no Will, or if the Will does not nominate an executor (or the persons nominated are unable to serve due to death or because they do not want to serve), then persons related to the decedent are entitled to be appointed in the following order.
       
          o Surviving Spouse (BUT: if a divorce action has been filed but not completed before the decedent's death and the surviving spouse was living separate and apart from the decedent at the date of death, then the surviving spouse is entitled to appointment after the decedent's brothers and sisters)
          o Children
          o Grandchildren
          o Other issue
          o Parents
          o Brothers and sisters (including half brothers and sisters, but not stepbrothers and stepsisters – see issue of a predeceased spouse)
          o Issue of brothers and sisters (nieces and nephews)
          o Grandparents
          o Issue of grandparents (aunts and uncles first, then cousins)
          o Children of a predeceased spouse
          o Other issue of a predeceased spouse
          o Other next of kin
          o Parents of a predeceased spouse
          o Issue of parents of a predeceased spouse
          o Conservator or guardian of the estate acting in that capacity at the time of death who has filed a first account and is not acting as conservator or guardian for any other person
          o Public Administrator
          o Creditors
          o Any other person (neighbors, friends, other non-relatives)

      A person who has priority for appointment but does not wish to serve may decline and nominate another person as personal representative. If you wish to appointed but there are other family members higher in priority, each one of those persons must decline to serve, in writing.

      There is no special or printed form to nominate or decline to serve. You must prepare an attachment for each person as a part of the Petition for Probate. A person named as executor may also decline to serve as executor and nominate another person, but an executor does not have the right to name a successor executor or co-executor.
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Is this even the correct form that she has filled out?
Is there a lawyer familiar with probate on the site who can answer the questions about all this?

[*Mo*]

Since we're all confused I picked up the phone and called a law firm in the United States which specializes in probate law.  I was given the email address of an attorney that would be able to answer my questions.  

I just sent him an email with the question about identifying yourself or not when filing a petition for probate, and I also asked him:

My second question is about the Michael Jackson Estate.  When I go to the website of the LA Superior Court it says:

Case Summary

Case Number: BP117321
JACKSON, MICHAEL JOSEPH - DECEDENT

Filing Date: 06/29/2009
Case Type: Letters of Administration (General Jurisdiction)
Status: Judgment by Court-Petition denied 11/17/2009

Can you please explain to me what "Status: Judgment by Court-Petition denied" means?

As soon as I have received an answer I will post it here.[/b]

[Serenitys_Dream]

Since we're all confused I picked up the phone and called a law firm in the United States which specializes in probate law.  I was given the email address of an attorney that would be able to answer my questions.  

I just sent him an email with the question about identifying yourself or not when filing a petition for probate, and I also asked him:

My second question is about the Michael Jackson Estate.  When I go to the website of the LA Superior Court it says:

Case Summary

Case Number: BP117321
JACKSON, MICHAEL JOSEPH - DECEDENT

Filing Date: 06/29/2009
Case Type: Letters of Administration (General Jurisdiction)
Status: Judgment by Court-Petition denied 11/17/2009

Can you please explain to me what "Status: Judgment by Court-Petition denied" means?

As soon as I have received an answer I will post it here.[/b]

I also again ask if a "Petition For Probate", is asking the court to make you the administrator of the estate. If so, her petition will be denied because she isn't a resident of the United States and that is the first thing it says under "Qualifications":

"If you are not named as executor, or if the decedent did not have a Will, you must also be a resident of the U.S. and have priority to be appointed as administrator."

This would not go any further than the first hearing and most likely end pretty quickly. There would be no DNA order or anything like that.

[lightsaber4mike]

another billie jean, they do anything 4 money  :shock:  :oops:

[paula-c]

Thank you for explaining, these legal matters, they are very confused

[Glinda]

Maybe its also worth to look back a little bit?
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[ConfusedLOVE]

My first questions are: How did she manage to get the name Jackson back on her legal document, showing her identity? Filing a petition would require identification I'd say, right?  If so (and if this claim is real) then she must have shown a passport or ID stating her legal name is Mocienne Elizabeth Petit Jackson.  If her legal last name is Jackson, then a person with the last name Jackson must have given permission to adopt the Jackson name, or she must have shown a legal birth certificate stating her last name is Jackson.  The last option immediately leads to a new question: if she possesses a birth certificate stating her last name is Jackson, then why would she wait until after June 3 2009 to change her last name?

When an individual legally changes their name, they must surrender their old Birth Certificate and it is destroyed. They are then issued a new Birth Certificate with this new name. This is done even if you are only adding a last name. The only instance that this does not occur in is if a woman gets married and assumes her husband's last name.

So she could have changed her name legally and then she would have a Birth Certificate with that name on it. All other identification such as passports, certificates etc. would also then be in that name as well. People with delusional disorder frequently function normally except in regards to their delusion. If she believes that her real name is Jackson and Katherine removed that from her Birth Certificate, she may have in her mind, put things right by changing her last name to "Jackson"

My daughters last name was legally changed a few years ago, as I remarried and my husband adopted her, her biological father was on her original birth certificate, and we did not have to surrender her birth certificate.  It may have just been because of the circumstances or where we live, just thought I would add this.

[Serenitys_Dream]

My first questions are: How did she manage to get the name Jackson back on her legal document, showing her identity? Filing a petition would require identification I'd say, right?  If so (and if this claim is real) then she must have shown a passport or ID stating her legal name is Mocienne Elizabeth Petit Jackson.  If her legal last name is Jackson, then a person with the last name Jackson must have given permission to adopt the Jackson name, or she must have shown a legal birth certificate stating her last name is Jackson.  The last option immediately leads to a new question: if she possesses a birth certificate stating her last name is Jackson, then why would she wait until after June 3 2009 to change her last name?

When an individual legally changes their name, they must surrender their old Birth Certificate and it is destroyed. They are then issued a new Birth Certificate with this new name. This is done even if you are only adding a last name. The only instance that this does not occur in is if a woman gets married and assumes her husband's last name.

So she could have changed her name legally and then she would have a Birth Certificate with that name on it. All other identification such as passports, certificates etc. would also then be in that name as well. People with delusional disorder frequently function normally except in regards to their delusion. If she believes that her real name is Jackson and Katherine removed that from her Birth Certificate, she may have in her mind, put things right by changing her last name to "Jackson"

My daughters last name was legally changed a few years ago, as I remarried and my husband adopted her, her biological father was on her original birth certificate, and we did not have to surrender her birth certificate.  It may have just been because of the circumstances or where we live, just thought I would add this.

I just changed my son last name last month and had to surrender his Birth Certificate. I posted the letter on here in another thread but I live in Canada. I figured it would be the same in other countries because with that Birth Certificate you can ALL other identification made in that alias.

[ConfusedLOVE]

My first questions are: How did she manage to get the name Jackson back on her legal document, showing her identity? Filing a petition would require identification I'd say, right?  If so (and if this claim is real) then she must have shown a passport or ID stating her legal name is Mocienne Elizabeth Petit Jackson.  If her legal last name is Jackson, then a person with the last name Jackson must have given permission to adopt the Jackson name, or she must have shown a legal birth certificate stating her last name is Jackson.  The last option immediately leads to a new question: if she possesses a birth certificate stating her last name is Jackson, then why would she wait until after June 3 2009 to change her last name?

When an individual legally changes their name, they must surrender their old Birth Certificate and it is destroyed. They are then issued a new Birth Certificate with this new name. This is done even if you are only adding a last name. The only instance that this does not occur in is if a woman gets married and assumes her husband's last name.

So she could have changed her name legally and then she would have a Birth Certificate with that name on it. All other identification such as passports, certificates etc. would also then be in that name as well. People with delusional disorder frequently function normally except in regards to their delusion. If she believes that her real name is Jackson and Katherine removed that from her Birth Certificate, she may have in her mind, put things right by changing her last name to "Jackson"

My daughters last name was legally changed a few years ago, as I remarried and my husband adopted her, her biological father was on her original birth certificate, and we did not have to surrender her birth certificate.  It may have just been because of the circumstances or where we live, just thought I would add this.

I just changed my son last name last month and had to surrender his Birth Certificate. I posted the letter on here in another thread but I live in Canada. I figured it would be the same in other countries because with that Birth Certificate you can ALL other identification made in that alias.

I am in US  North Carolina and I still have her old birth certificate.  I guess maybe it has to do with location then :? I will see if I can find my letter ans post it on here but it will be later today, I have a few things to take care of first.  Kids go back to school tommarow!!!!!!!!!!  Yeah!

[*Mo*]

State Name Change Law Information

This is our collection of NAME CHANGE LAW information and links to all of the states. Each link leads to an area of this web site which is devoted to the name change law of a particular state.

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[Serenitys_Dream]

I am in US  North Carolina and I still have her old birth certificate.  I guess maybe it has to do with location then :? I will see if I can find my letter ans post it on here but it will be later today, I have a few things to take care of first.  Kids go back to school tommarow!!!!!!!!!!  Yeah!

I am not sure why you still have that Birth Certificate. Birth Certificates are required to get other forms of identification so it seems unusual because this may allow your child to get another completely different set of ID in that name. I have been reading on this issue and this is what I have found.

The Adoption Process
In most states, there are three main types of procedures for adopting a stepchild. Which one you will follow depends on the circumstances in your family.

Changing Your Adopted Child’s Name
As part of the adoption, your stepchild’s last name can be changed to any name on which you, your spouse and your stepchild all agree. Many people choose to have the child’s last name changed to the adoptive father’s, though you can use a last name that has no connection with either your name or your spouse’s. To change your stepchild’s name, put the new name in the adoption decree; the change becomes legally effective when the decree is filed with the court.

You can have the child’s birth certificate amended to reflect the new name. Whether or not your stepchild’s name is being changed, the birth certificate can still be changed to show you as the parent. The name of the absent parent is removed and you are shown as the parent. No mention is made in the new birth certificate of the adoption; the certificate will appear the same as it would if you were the natural parent. The old birth certificate is sealed and can only be unsealed by a court order. An amended birth certificate is not required by law, even if your stepchild’s name is changed on the adoption decree. But most people, thinking of the confusing situations that may arise for a stepchild in later years, choose to have the birth certificate changed if the stepchild’s name is changed. Since you, your spouse, and your stepchild (if she is old enough to reason) have quite a bit of leeway regarding the name change and birth certificate, you may wish to kick around the pros and cons in a three-way conference.
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This situation though is different than other types of adoption as well as changing a minor child's name for other reasons. It is also different than an adult changing their name.

[*Mo*]

California Department of Public Health: You are not allowed to view links. Register or Login

Amending a Birth Certificate After a Court Order Name Change

I want to change my name on my birth certificate. Can I do this without going to court?
No. The law does not allow us to completely change the registrant’s name on a birth certificate unless the registrant has his or her name legally changed through the court process. Only information that was erroneously entered at the time of registration can be amended without going to court.

[...]

I was born in California, but I changed my name in another state. Are court orders from other states acceptable?
Yes. If you obtained your court order from a court in another state, district, or territory of the United States, the order can be used to amend a California birth certificate.
Exception: If you reside in Hawaii, we cannot accept a name change issued by the Office of the Lieutenant Governor, because it is an administrative procedure and does not comply with California law.
Residents of Hawaii must petition the court in Hawaii or another U.S. state or territory.

After I get the court order, what do I submit to amend my birth certificate?

• You will need to complete an Application for Amendment of Birth Record to Reflect Court Order Change of Name, VS 23.
• You must include a certified copy of the court order name change. (See next section for explanation of “certified” copy.)
  We do not return the court order after the amended birth certificate is prepared.
• Although this item is not required, it would help our staff if you could include a photocopy of the current birth certificate if you have it (this helps us identify the exact record to be amended).
• Mail the following items to our office using the address on the front of this pamphlet:
  * Completed VS 23
  * $ 20 fee
  * Certified copy of the court order
  * Photocopy of current birth certificate (if you have it)
• If any of the required items are not included, your request will be returned to you for correction.

[...]

Once I file the amendment, what happens to my original birth certificate?

• The original record remains unchanged, and the amendment becomes page 2 of the birth certificate – making it a two-page document (per Health and Safety Code Sections 102140 and 103255).
• Anyone receiving a copy after the amendment is applied will receive a copy of both documents.

This makes it perfectly clear that in California the old Birth Certificate is not to be surrendered for it to be destroyed after a court order name change.

[ConfusedLOVE]

So I guess you don't need proof from me then?  I have my letter of adoption and both birth certificates.

[*Mo*]

So I guess you don't need proof from me then?  I have my letter of adoption and both birth certificates.

If you want to, PLEASE post them...  That for sure will end this discussion about having to surrender the old birth certificate after a name change in the United States, and that is what this was all about!