What’s the Latest in Aretha Franklin’s Estate?

By: Nick Leydorf
estate planning and elder law attorney
Meet Nick Leydorf
My practice is dedicated to helping families get their affairs in order so that they can stay out of court and out of conflict. I’ve experienced first-hand how a lack of planning can have a terrible impact on a family. One morning, my wife received a phone call that her mother had been found unconscious in her bathroom and had been rushed to a local hospital. We panicked and drove to Grand Rapids as fast as we could to be with her. For two weeks, she never regained consciousness and she passed away. My wife and I were devastated.
Learn from Aretha Franklin's estate battle. Keep your family from fighting over inheritance with comprehensive planning.

Aretha Franklin, the Queen of Soul and the number one singer of all time in a Rolling Stone ranking from 2010, now continues to make headlines due to the estate battle between her four sons.

Aretha died in 2018. She had four sons from either three or four fathers. Their ages spanned 15 years. The oldest, born when Aretha was 12, has special needs and lives in a group home. When she passed, all evidence pointed to the fact that she had no will for her estate valued at $80 million. The sons – in birth order, Clarence, Edward, Ted, and Kecalf – agreed to a friendly and equal split of the estate. Michigan law supported this. They designated a cousin, Sabrina, as the executor. If you're curious about estate planning in Michigan, request our free book.

This was good, until Sabrina started finding wills. There were two from 2010 and one from 2014. They were all in Aretha’s handwriting, the last one in a spiral notebook found under cushions of a sofa.

Michigan law permits an entirely handwritten will and even allows a will to be unsigned, if it clearly shows the decedent’s wishes. Her 2014 will first named the three younger sons as co-executors.  Aretha then crossed out all names but Kecalf. Ted and an attorney appointed to represent Clarence challenged Kecalf’s competence to serve as Aretha’s executor.

But wait! A fourth will was found with a Troy estate attorney. That one was actually typed and established a trust for Clarence. Aretha initialed some pages, but she didn’t sign it.

At that point, Sabrina gave up and resigned as Aretha’s executor.

The probating of Aretha’s estate went from a friendly division of assets to a hot mess with a legal dispute between her sons, who disagreed over which handwritten will should govern her estate. There were significant differences between the documents.

The sons were now “playing games that they can score,” and wondering if Aretha stopped to think what she was trying to do to them. Franklin's estate battle in court has lasted since 2018 because she failed to leave clear guidance.

The more recent will generally take precedence over an older one. However, a handwritten will can go wrong in many ways. The lengthy estate battle over Franklin’s will exemplifies why everyone needs a properly prepared will.

Now, at long last, as The Washington Post article, Will found in Aretha Franklin’s couch is valid, jury says, reports, a decision has been made to honor the 2014 handwritten will as a legal testament of Franklin's wishes. Thus, the court recognizes Kecalf as the executor of the estate.

Sadly, instead of leaving her sons a legacy of love and respect, Aretha left her sons with a mess and years of public fighting in court.

Don’t be like the Queen of Soul. Book a call with Lansing experienced estate planning attorney Nick Leydorf who can help you legally and clearly document your wishes, and revise them as needed. If your will is over five years old, it’s time for an update. Read more in our article, Can You Prevent Family Fights over Inheritance?

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