WHAT ABOUT THE CHILDREN? FAMILY ALLOWANCES IN THE AGE OF THE REVOCABLE TRUST – IS PARSON STILL GOOD LAW AND SHOULD IT BE?

By Jeremiah J. Moffit, Esq.^*

"If we don’t stand up for children, then we don’t stand for much." — Marian Wright Edelman¹

I. INTRODUCTION

Family allowances and probate homesteads have entered the popular consciousness with the high profile dealings in the estates of James Brown and Michael Jackson. In December 2006, Brown’s widow and five year old son, James, Jr., were locked out of the family home in South Carolina by the named executor of Brown’s will, who also served as trustee of a trust created by Brown.² Neither wife nor minor child was named in Brown’s will, which was executed prior to the marriage and James, Jr.’s birth.³ More recently, in California, Michael Jackson’s father, Joe Jackson, sought a family allowance in excess of $15,000 per month, alleging his financial dependence upon his son.⁴ In the same proceedings, the Los Angeles County Superior Court awarded Jackson’s minor children and mother family allowances totaling $86,000 per month while litigation continues over the estate.⁵