Jury Decided Instructions Left on a Handwritten Piece of Paper from 2014 Were Valid
Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. is available to comment on how singer Aretha Franklin died intestate, or without a will, how her sons fought over control of her estate and the jury’s recent decision of which set of instructions written on paper by Ms. Franklin could be considered a valid will.
Ms. Franklin, who died on August 16, 2018 of pancreatic cancer at the age of 78, is survived by four sons. The sons fought over control of their mother’s estate after two pieces of paper were found which listed different instructions of how her assets should be distributed. One written will from 2010 which was found in a closet inside a spiral notebook left the estate to one son, Ted White II. Another version from 2014 that was found inside a sofa left to her two other sons, Kecalf and Eddie Franklin.
The 2010 version of the will names Mr. White and his cousin, Sabrina Owens, as co-executors and instructs Kecalf and Eddie to take business classes and show proof of completion of these classes with either a certificate or degree if they want a part of the estate. The 2014 version of the will names Kecalf and Eddie as co-executors instead of Mr. White and does not require Kecalf and Eddie to take business classes; it also allows him to sell the gowns or donate them to the Smithsonian Institution.
Despite the differences, both versions stated that their children can collect royalties from her songs and copyrights and part of her estate will go to financially support her oldest son Clarence, who has special needs and lives under a legal guardianship.
On July 11, 2023, an Oakland County Probate Court jury in Pontiac, Michigan found that the piece of paper from 2014 that was found inside a sofa was, in fact, a valid will. The decision meant that Kecalf and Eddie stand to inherit her assets worth millions of dollars, including real estate, furs, jewelry and clothing.
“The state of Michigan allows wills to be handwritten, as long as they clearly state how the assets will be distributed and who is in charge of the estate,” Ms. Hobson-Williams says. “In New York, a handwritten will is allowed, but it is not recommended. Further, it is not valid under most circumstances. The best way to draft a will is to work with an elder law and estate planning attorney who can help you determine how your estate will be settled.”
