Aretha’s Hide-a-(Will)-Bed

Introduction

Aretha Franklin was known asThe Queen of Soul. She had an immeasurable

impact on American society and perhaps an equally immeasurable impact

around theWorld. Some of her songs, including Respect, A NaturalWoman,

I Say a Little Prayer, are iconic andmanymore are in the Library of Congress.

Ms. Franklin died 5 years ago, at age 76, from Pancreatic Cancer. She is

survived by four adult children, all sons. After her passing, no Will was

found and by Michigan law, her Estate was to be divided equally among

her four sons. The sons all agreed to appoint one of Ms. Franklin’s Nieces,

Sabrina Owens, as the Administrator.

Ms. Owens, months after Ms. Franklin died, searched her Aunt’s home, in

West Bloomfield, Michigan, as any Administrator or Executor would. She

found two Testamentary documents. Both are handwritten (known, legally,

as Holographic).

One was found in a locked cabinet. It was apparently made in 2010 and was

notarized. A second one was found in a notebook in a Couch (it is not clear

whether it was a sofa or Hide-a-bed but one can speculate!). This one was

made in 2014. It was signed by Ms. Franklin.

An Attorney had urged Ms. Franklin to prepare aWill or a Trust. She never

did and it is not clear why.

Suddenly, the four sons were divided.

Various news sources, including the New York Times, wrote about the

Hearing, conducted earlier this month, in which the Wills were placed

before a Jury for determination which is valid.

TheWills

Aside from some notes which apparently were dismissive of some of the

men in Ms. Franklin’s life, theWills contained detailed lists of assets.

The 2010 handwritten Will described weekly and monthly allowances to

the sons.There is a clause that requires two of the sons (named Kecalf and

Edward) to enroll in business classes and gain a certificate or degree in order

to collect anything from the Estate.

That Will is 12 pages in length and is more detailed. Ms. Franklin signed

each page.

The 2014 Will gave equal shares of Ms. Franklin’s music royalties to three

of her sons (one of the sons is disabled and lives in a care facility. He was

excluded from that particular Asset of the Estate, which may be the most

valuable asset, in the long term).

One of the sons, Kecalf, was bequeathed Ms. Franklin’s primary residence

and her cars (which included a Mercedes, 2 Cadillacs and a Thunderbird

convertible).

It is not clear whether the 2014Will was properly signed. Apparently, one of

the pages was not initialed. Instead, a smiley face was drawn.

Probate process and the Hearing

Ms. Owens resigned from her position because of the tension within the

family. Two sons, Kecalf and Edward, argued that the 2014 Will should

govern because it is more recent and is an accurate expression of their

Mother’s Wishes. Another son, Ted White, Jr., who played guitar in Ms.

Franklin’s band, argued for the earlier Will, partly because it was properly

done, signed and in greater detail.

The fourth son, Clarence, did not participate in the hearing but his 3 siblings

agreed that he would be supported from the Estate.

The Hearing proceeded in Michigan, before the Jury.

In 2018, the year of Ms. Franklin’s death, the Estate value apparently was $18

million. In 2021, the IRS was paid $8 million in taxes and the Estate agreed

to set aside 40% of all music revenues in order to pay Federal taxes owing

by the Estate.

Assets such as Ms. Franklin’s real estate (several homes in Michigan), fur

coats, jewelry, her companies and bank accounts totaled $4.1 million.

However, the full value of the Estate cannot be estimated because, like Elvis

Presley’s Estate, it will continue to earn money, from licensing, royalties and

other sources related to Ms. Franklin’s music.

The Trial, concluded last week, went over two days. The jury held that the

2014 Will was the valid Will. The Court, meanwhile, in pronouncing the

Judgment, did allowMr.White, Jr. to argue for the incorporation of some of

the terms of the earlier Will (presumably because the more recent Will did

not cover all of the items from the earlier Will). The news sources do not

make that issue very clear. The main concern, though, is answered in the

validation of the 2014Will.

Conclusions

Though Ms. Franklin died at a relatively young age, her musical legacy will

live on. By anymeasure, she is among the all-time top artists.The fate of her

family is less clear. The sons remain seemingly divided.

This case is a strong example of the value of a clear,

written Will, properly made. A self-made Will was here

held to be valid but it is a question what impact it had on

Ms. Franklin’s family, not to mention the legal costs, in

this case, of taking Ms. Franklin’sWills to Court.