Sadity Esq

This month marks the fifth anniversary of the passing of Aretha Franklin. The iconic musician, left behind more than just a musical legacy. After nearly five years of legal disputes. The Queen of Soul’s estate was finally settle in July 2023. Her case also serves as a poignant reminder of the significance of proper estate planning. The discovery of two handwritten wills, one tucked beneath a couch cushion and the other in a locked cabinet, ignited a legal battle that highlighted the complexities of estate distribution and the critical role of testamentary documents. In this article, we delve into the intricacies of Franklin’s case and draw valuable lessons that underscore the importance of clear and valid estate planning.

The Unveiling of Aretha Franklin’s Wills

Following Aretha Franklin’s passing in 2018, her family stumbled upon two handwritten wills at her Michigan residence. One will, dated 2014, was found tucked away beneath a couch cushion. The other, dated 2010, was discovered in a locked cabinet. Both documents bore her signature and personal notes, yet lacked the essential signatures of witnesses as required by Michigan law.

Michigan’s Legal Landscape

Michigan law dictates that for a will to be valid, it must be in writing, signed by the testator, and signed by two witnesses, or in the case of a holographic will (handwritten), it must be dated and entirely in the testator’s handwriting. This statutory framework also leaves room for considering the testator’s intent in situations that deviate from strict compliance.

The Legal Battle

Aretha Franklin’s sons, Kecalf, Edward, and Ted, found themselves in a legal dispute over the validity of the two wills. Kecalf and Edward argued for the 2014 document, while Ted championed the 2010 will. The 2014 document, discovered in the couch, distributed music royalties unequally among the brothers, with a special provision concerning a fourth son, Clarence. The 2010 document, located in a locked cabinet, held specific conditions for inheritance.

The Jury’s Verdict

The matter was eventually presented before a jury, leading to a verdict that the 2014 document met the criteria of a valid holographic will under Michigan law. This decision rested on the document’s dated nature, Aretha Franklin’s handwriting, and the presence of her signature on the relevant parts.

Key Takeaways

Aretha Franklin’s case brings forth several important lessons for individuals considering estate planning:

1. Permissible but not Advisable: In Washington, holographic wills are valid, but are not advisable. This case underscores the importance of understanding that just because something is permitted by law, does not mean it is legally advisable. Most families do not have the resources of Aretha Franklin’s at their disposal. A long drawn out battle over the validity of a will could deplete even larger estates. A testator who is truly interested in leaving an estate of value to their future heirs should be mindful that a properly drafted estate plan could be the difference between their heirs supporting each in grief or destroying family ties in court.
2. Clarity and Formality: Franklin’s case highlights the significance of adhering to legal formalities when drafting a will. The absence of witness signatures demonstrated the pitfalls of non-compliance with requirements, potentially leading to prolonged legal battles and contested outcomes.
3. Location Isn’t Everything: Ted’s argument that the 2010 will should be considered more official due to its discovery in a locked cabinet emphasizes the need to base decisions on legal principles rather than assumptions regarding a document’s location.
4. Intent Matters: Michigan’s law’s provision for considering the testator’s intent showcases the flexibility within legal frameworks. However, relying solely on intent can introduce ambiguity, leading to disputes that could have been avoided through clearer drafting and proper witnessing.

The Franklin estate’s journey through the complexities of estate planning serves as a powerful reminder that proper preparation and adherence to legal requirements are paramount. The case highlights the potential consequences of insufficient estate planning, underscoring the value of seeking professional legal counsel to ensure that your final wishes are upheld and your legacy is preserved in the manner you desire. As individuals, we can draw inspiration from this tale and take proactive steps to safeguard our loved ones’ futures through well-crafted estate planning.