Five years after Aretha Franklin’s death and a protracted legal battle among her children over her estimated $18 million estate, on July 11, 2023 a Michigan probate court ruled that a 2014 four-page, handwritten document found in a spiral notebook in her couch is her legal Will.

The trial centered around two Wills and the question of which one Aretha wanted to be honored. One, dated 2010, was found in a locked cabinet in her suburban Detroit home. That one favored her son, Ted White Jr. The other one, from 2014, was found in a spiral notebook in her couch under the cushions and gives more assets to her other sons, Kecalf Franklin and Edward Franklin. Despite the ruling on the validity of the 2014 Will, there will still be discussions over whether some provisions of the 2010 will should be fulfilled and whether Kecalf Franklin could become executor of the estate. It should be noted that Aretha had four sons, but Clarence Franklin, who has special needs and lives under guardianship in an assisted living center did not participate in the trial.

Here are some lessons learned so far from this estate:

1. A handwritten Will can be a legally valid Will. Arizona recognizes handwritten wills (referred to as “holographic” Wills) under ARS 14-2503 which states that a will that does not comply with section 14-2502 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.
2. A secret Will is not best practice. Aretha Franklin created the 2014 holographic Will without the knowledge of her long-time attorney or family and no one knew about the 2014 holographic Will until her niece happened to find it in a spiral notebook under sofa cushions some months after Aretha’s death. This could easily have been thrown out or never been found and Aretha’s final wishes would have never been honored.  It is best practice to store a Will in a location known and accessible to trusted family or other individuals and for the decedent’s attorney to also maintain a photo or digital copy of the same.
3. A holographic Will is not best practice. Although a proper holographic Will is legally valid, when someone with no legal training attempts to create a legal document intended to manage and distribute their estate (especially an estate worth an estimated $18 million) it is always recommended to work with an experienced estate planning attorney. A simple mistake, error or omission can cause a lot of litigation, family drama, and legal expense.  It is well worth the attorneys’ fees to get sound advice and counsel for your unique circumstances, as well as properly drawn up legal documents to carry out your wishes. Trust us, the emotional and monetary cost of five years’ worth of litigating a contested estate is not the legacy you want to leave your loved ones!
4. Storing your Will under your couch cushions is not best practice. Attorneys typically recommend storing the original Will in a locked fireproof safe or cabinet at home. Another option is a bank safe deposit box but keep in mind there needs to be another signer on the box and no one will have access during non-business hours. For these reasons, it is usually recommended to keep important legal documents like an original Will, in a safe location at home. Again, you should let a trusted individual know where you store your Will and other important legal documents in case of need.

In Arizona? Need an estate plan? Need to update your current estate plan? Want a review of your current estate plan? Call 480-922-1010 or email info@bivenslaw.com to schedule your complimentary estate planning consultation today- phone, Zoom or in-person.  We are here to help.

-Stephanie A. Bivens, Esq., CELA