Famous Estates - Aretha Franklin

A year after Aretha Franklin passed away from pancreatic cancer in 2018, a handwritten (holographic) Will dated March 31, 2014 was discovered in a spiral notebook under the couch cushions of Aretha Franklin’s home. Recently, the Oakland County Probate Court jury found the Will to be valid under Michigan law, despite being barely legible with scribbles, margin notes, crossed out words and a smiley face incorporated into the letter A of her signature.

Initially, Franklin was thought to have died without a Will. However, in 2019 a handwritten Will dated June 21, 2010, was discovered in a locked cabinet at her home. Shortly after, Franklin’s niece, Sabrina Owens, discovered the 2014 Will. The 2010 Will was notarized, while the 2014 Will was not. Three of her sons have been battling since 2019 over which document should be presumed as her last Will. The 2010 Will named her son, Ted White, and her niece as the executors. The 2010 Will also stated that her two of her other sons, Kecalf Cunningham and Edward Franklin, were not to receive their inheritance until they had taken business administration classes or received a certificate or degree. The 2014 Will, however, designated Kecalf and Edward as her executors and made no mention of the business administration classes, certificate or degree prerequisite. The 2014 Will also gave her primary residence to Kecalf and his children, while gifting other houses to the other two sons, Edward and Ted. The 2014 Will made provisions for Aretha’s fourth son, Clarence Franklin, stating that he should receive money on a weekly basis to provide for his needs while he is under guardianship in an assisted living facility.

In light of the recent verdict, the legal battle still continues as to whether some provisions in the 2010 Will should be fulfilled. The presiding Judge has ordered all sides to file briefs prior to a status conference. The ongoing legal battle and unpaid taxes have depleted Franklin’s Estate to $6 million. At the time of her death, her estate was estimated to be worth $80 million.

This outcome would have been dramatically different had Franklin lived in a different state. Both Missouri and Kansas do not recognize holographic Wills. In other states, the matter would not have gone to a jury to decide. This is yet another prime example of why properly drafted and executed estate plans are necessary. Had Franklin done so, she could have saved her estate millions of dollars and her family years of heartache.