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The Lakers deal now turns on trust law, not basketball

Jeanie Buss says a co-trustee veto blocks her siblings from selling the family's last 17.8% to Kushner and Iger. The letter also warns anyone who helps them.

The Investor · Invest desk

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Photograph accompanying The Lakers deal now turns on trust law, not basketball
Photo: fortune.com

What happened

  • Lakers governor Jeanie Buss is legally contesting her siblings' plan to sell the family's remaining 17.8% minority ownership stake in the team to Josh Kushner and Bob Iger, according to a letter obtained Monday by The Associated Press.
  • ESPN and The Athletic first reported that the Buss siblings had voted to sell the family trust's remaining interest in the Lakers, a team purchased by their father Jerry Buss in 1979.
  • The decision would end Jeanie Buss's tenure as Lakers governor because that job requires at least 15% ownership of the team.
  • Kushner and Iger are reportedly buying about 65% of the team from Walter, and would own about 83% if they reach a deal with the Buss siblings.
  • Jeanie Buss's attorney Adam Streisand wrote to representatives for her five siblings stating that any decision to sell the family trust's ownership stake could not be "effectuated without approval of the current co-trustees, Jeanie, Janie and Joey Buss."

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Why it matters

Jeanie Buss is contesting her five siblings' plan to sell the Buss Family Trust's remaining 17.8% of the Los Angeles Lakers to Josh Kushner and Bob Iger, according to a letter from her attorney obtained Monday by the Associated Press [1]. What she is invoking is not an NBA rule or a shareholder pact but a claimed trustee obligation to vote the shares in a particular way, which turns a record-setting sports transaction into a probate question [6][7].

The mechanics are simple arithmetic. The governor role requires at least 15% ownership of the team, so selling the trust's 17.8% would end Jeanie Buss's tenure, which began after Jerry Buss's death in 2013 [3][8]. Under last year's sale of a controlling stake to Dodgers owner Mark Walter at a $10 billion valuation, a deal she led, she had been slated to keep the governorship at least through 2030 [8][11]. Walter, who is under federal investigation for tax issues, then agreed this month to flip the team to Kushner and Iger at a $12.5 billion valuation, 25% higher than his own entry price roughly a year earlier [9][10][19].

The legal claim is narrow and aggressive. Attorney Adam Streisand wrote that no sale could be "effectuated without approval of the current co-trustees, Jeanie, Janie and Joey Buss," and that the co-trustees are "bound to vote the Los Angeles Lakers, Inc. shares to ensure that the minimum 15% ownership requirement is maintained" so that Jeanie Buss remains Controlling Owner [6][7]. Doing otherwise, the letter says, would be a breach of trust, a breach of fiduciary duty and contempt of court, and so would "any attempt to aid or abet the co-trustees" [7]. That last clause is aimed at counterparties, not siblings.

There are two soft spots. One is factional: Joey Buss is named as a co-trustee in the same letter that accuses him and Jesse Buss of leaking information to ESPN for years "for the malicious purpose of doing harm" to the team [6][14]. Both were fired from front-office jobs last November [15]. The other is procedural: the siblings say they voted this month to sell and Jeanie Buss says the vote is void, and the letter as reported does not resolve whether trustee action requires unanimity or a majority [12][13]. ESPN reported she was the only sibling who did not support the final sale [13]. The family's own statement frames it as timing rather than value: "it is time to use this opportunity to move on and exit gracefully while we still can" [16].

The money at stake is roughly $2.2 billion, applying the 17.8% stake to the $12.5 billion valuation [20]. Kushner and Iger are reportedly buying about 65% from Walter and would hold about 83% with the Buss stake, consistent with 82.8% [4][21]. Jerry Buss bought the Lakers, the Kings and the Forum for $67.5 million in 1979, about 185 times less than the current headline valuation [17][22].

Watch whether the buyers close on 65% alone, which would leave the trust above the 15% floor and Jeanie Buss in the chair [23]. The agreement still needs approval from the NBA's board of governors, a process that could take months, which gives a courtroom time to matter [18].

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