Staff Writer
Aretha Franklin, a legendary musician, left unfinished desires that haven’t been decided upon five years after her passing. Next Monday, an unprecedented trial will start to decide which of two handwritten wills, including one discovered in couch cushions, will govern the administration of her estate.
Despite years of health issues and attempts to have a formal, typewritten will prepared, the Queen of Soul, who had four sons, did not have one in place. However, other documents containing scribbles, scratch-outs, and difficult-to-read parts may still be treated as her orders under Michigan law.
A son is at odds with other sons in the argument. Ted White II feels that documents from 2010 should predominately govern the estate, although Kecalf Franklin and Edward Franklin favor a deed from 2014. Both were found in Franklin’s suburban Detroit home some months after she passed away at age 76 from pancreatic illness in 2018.
Is it surprising to you if someone went away before having everything in order? The response is never, according to Pat Simasko, a professor of elder law at Michigan State University College of Law and an expert in wills and estates.
“This can be settled at any time, on the steps, halfway through trial,” he remarked. “And I’m hoping it will. The jury trial process is a battle.
Check out the situation here:
Franklin’s passing
For many years, Franklin was a household name, best known for songs like “Think,” “I Say a Little Prayer,” and “Respect.” In August 2018, thousands of people visited a Detroit museum when her remains was taken there in a 1940 Cadillac hearse. She was revered like royalty during her lifetime.
Michael Eric Dyson, a sociologist, claimed at the time that “she was the people’s diva.”
It was discovered right once that Franklin had passed away without leaving a will, which meant her four sons would probably split millions of dollars’ worth of assets, including real estate in the Detroit suburbs, furs, dresses, jewels, and potential royalties from her works. Sabrina Owens, a niece, consented to serve as the personal representative or executor.
A few months later, in the spring of 2019, the estate was completely destroyed. A handwritten will from 2010 and a subsequent one from 2014 were reportedly found in a cabinet and a notebook, respectively, at Franklin’s residence, according to Owens.
Although there are some variations between the contracts, it appears that the sons would split profits from music and copyrights, making this problem less difficult than some others.
The management of Aretha Franklin’s legacy, royalties, and business operations in the future are all interesting aspects of this situation. That’s significant, Simasko added.
The elder will names Kecalf and Edward Franklin as co-executors and specifies that they “shall take business classes and earn
However, White’s name is crossed out and Kecalf Franklin is listed as the executor in the 2014 version.
Business courses are not mentioned at all. The primary residence in Bloomfield Hills, which was appraised at $1.1 million when Kecalf Franklin’s mother passed away but is now worth much more, would go to his children and grandkids.
Craig Smith, the attorney for Edward Franklin, described it as the “crown jewel.”
Aretha Franklin suggested in a 2014 letter that her dresses might end up at auction or in Washington, D.C.’s Smithsonian Institution. She said in both documents that Clarence, the oldest son who is under guardianship, must get regular assistance.
It is impossible to allow the probate of two inconsistent wills. In certain situations, the most current will nullifies the preceding one, according to Charles McKelvie, counsel for Kecalf Franklin, in a court brief in support of the 2014 document.
Kurt Olson, White’s lawyer, asserted that the 2010 will was notarized and signed while the later one “is merely a draft.”
“If this document were intended to be a will, there would have been more care than putting it in a spiral notebook under a couch cushion,” Olson remarked.
Key is intent
According to Simasko, a legal professor, an informal will can be used in Michigan to carry your last wishes.
“As long as the rules are followed: It’s in your handwriting, it’s dated, and it’s signed, the law allows it if you’re sitting there on a Sunday afternoon and you start handwriting your own wishes,” he said.
Three separate executors have managed Aretha Franklin’s estate over the course of five years. In 2020, Owens resigned due to a “rift” between the sons.
Reginald Turner, a local attorney and former American Bar Association president, succeeded her. His most recent accounting, which was completed in March, revealed that the estate had received $3.9 million in revenue over the previous 12 months and had spent a similar amount, including more than $900,000 on legal bills paid to various firms.
Franklin’s total assets were estimated to be worth $4.1 million, primarily in cash and real estate. However, Franklin’s original works and intellectual property were only given a paltry $1 value.
According to court documents, the estate has paid the Internal Revenue Service at least $8.1 million since 2020. The IRS had a claim for taxes when the artist passed away.
“The IRS claims received precedence. The estate wouldn’t move further until the IRS was settled, according to Smith.
