Unpacking Aretha Franklin's Estate: The Need for a Valid Will

Take a look at the details of Aretha Franklin's estate and lessons we should all take away on the need for a clear Will. 

Key Takeaways:

• The lack of a clear Will can lead to family conflict and financial impact. Aretha Franklin’s case serves as a strong example.
• Without a definitive Will, your estate may face unnecessary legal fees, asset depreciation and tax complications.
• Seek guidance from an estate planning professional to clarify your estate plan and protect your loved ones.

On August 16, 2018, the “Queen of Soul” passed away. Aretha Franklin was an icon in the music industry. A singer, songwriter, and pianist, she was known for hits like "Respect," "Think," "Chain of Fools" and "(You Make Me Feel Like) A Natural Woman." Her records sold more than 75 million copies, and she was the first woman inducted into the Rock and Roll Hall of Fame.

For her family, Aretha’s passing should have been a time to celebrate the artist and mourn her passing. But quickly, a series of estate planning issues emerged that took over the moment. The legal battle that followed would take more than five years to resolve.

Aretha Franklin’s Estate

When Aretha Franklin passed away in 2018, she seemingly left behind no Will to guide the distribution of her estate, which was estimated to be worth tens of millions. This led many to believe the distribution would be decided by Michigan's intestacy laws. However, the situation took a dramatic turn when multiple handwritten Wills were discovered in her home, one tucked between couch cushions. These Wills, presumably written by Franklin herself, added a tremendous amount of confusion and conflict. The different Wills outlined competing wishes for the division of her assets, causing her family members to debate their legitimacy.

The existence of multiple potential Wills led to a flurry of legal battles among family members, each interpreting her last wishes differently. The lack of a clear and formal Will intensified the disputes, costing the family precious time, money and relationships. Ultimately, the 2014 written Will was deemed the valid instrument by a jury. While the jury’s decision resolved the question of which Will was valid, it will not resolve the strain on the family relationship that resulted from the dispute about the Wills.

The ongoing litigation and emotional strain on her family serve as a powerful reminder of the importance of clear and legally binding estate planning.

Aretha Franklin’s estate is a far-too-common example of what happens when you don’t have estate planning documents properly prepared and signed.

Understanding Wills and Their Importance

To fully understand the impact to Aretha Franklin’s estate, let’s first look at foundational concepts and legal principles that guide inheritance.

• What is a Will and Its Role in Estate Planning?

A Will is a legal document that details how a person’s assets and property should be divided after their death. A well-constructed Will can also designate guardians for minor children and specify last wishes. When carefully planned and considered, a Will ensures your final wishes are honored, minimizing potential disputes and ambiguity.

• Intestacy Laws

If you do not document and sign a Will, your estate is distributed according to intestacy laws. These are jurisdiction-specific laws designed to address inheritance. For instance, in Michigan, where Aretha resided, if there is no valid Will, assets are divided among surviving family members based on a set formula. While this might sound straightforward, without a clear Will, it often leads to unintended consequences and disputes among heirs.

• Traditional vs. Holographic Wills

Traditional Wills are typically drafted with the help of an attorney and witnessed by at least two people. They provide clarity and are easier to validate.

On the other hand, holographic Wills are handwritten and may not require witnesses, making them more vulnerable to challenges. Some states, including Michigan, recognize holographic Wills as valid legal documents. Aretha's case highlights the complications surrounding holographic Wills. The multiple handwritten documents found in her home raised questions about their authenticity and intent, leading to family disputes and legal battles.

Taken together, the Aretha Franklin case serves as a strong example of the potential issues that can arise without a clear, traditional Will in place.

In the absence of a traditional Will, states default to intestacy laws.

The Consequences of Lack of Clarity

To emphasize the importance of a traditional Will, let’s look at the most common consequences of estate planning disputes.

• Family Conflict and Emotional Strain

With no formal Will to guide the estate, the emotional strain on a family can be significant. In the wake of Aretha Franklin's passing, the absence of an indisputable Will pitted her sons against each other. Ted White II argued a 2010 hand-written Will should dictate the inheritance, while Kecalf Franklin and Edward Franklin argued a 2014 Will should guide. This is a classic example of family members, each equipped with their own interpretation and intentions heading to court. These disputes, stemming from the lack of clarity, can damage relationships and create rifts that last generations.

• Financial Impacts

Beyond the emotional toll, the financial impacts of an unclear estate plan can be staggering. Legal battles don't come cheap. The Franklin estate, reportedly worth tens of millions, saw a sizable portion diverted towards legal fees as family members sought clarity in court. Further, without a definitive Will, assets can be frozen for long periods, leading to depreciation in value or tax complications.

The lack of a clear Will often leads to damaged relationships and expensive legal fees.

Protect Your Loved Ones

The estate planning advisors at Comerica can work with your tax and legal advisors to ensure your estate plan saves your family time, money and emotional strain. Contact your Comerica Relationship Manager today or request to speak to a Comerica Wealth Advisor to make sure your loved ones are taken care of after you’re gone.  

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