The world lost one of its true musical legends in 2018 after Aretha Franklin, the Queen of Soul, died at the age of 76.
But Franklin’s death also set off a battle over her estate. The “Respect” singer did not leave behind a formal will, and since the discovery of two documents she drafted before her death, three of her sons have been in a legal dispute over which document represents Franklin’s wishes.
This week, the case went to court — and a jury just made a major ruling on the fate of Aretha Franklin’s millions.
Aretha Franklin — two wills
Franklin died at her home in Detroit on August 16, 2018. Even though she had been ill — she died of pancreatic cancer — Franklin did not leave behind a formal, typed will, leaving her estate in limbo.
The singer’s fortune was initially estimated at about $80 million, but due to years of unpaid taxes her estate is now valued at $6 million, according to BBC.
With no apparent will, the estate was going to be divided among her four surviving sons, in accordance with Michigan law. However, two different wills handwritten by Franklin were discovered months after her death, causing a dispute between her sons.
One of the handwritten documents is dated from 2010 and was found in a cabinet, according to AP. The other, from 2014, was found in a notebook in Franklin’s couch cushions.
Though neither document is a formal will, under Michigan law such documents can be legally considered the deceased’s official wishes. So the dispute has centered on which found document should be followed.
Sons battle over estate
Both documents make it clear that the four sons will share income from Franklin’s copyrights and musical royalties. Also, they both say that Franklin’s oldest son Clarence, who has special needs and lives under guardianship, is to be supported.
But there are differences: the 2010 document lists Ted White II and niece Sabrina Owens as co-executors and stipulated that sons Kecalf and Edward Franklin “must take business classes and get a certificate or a degree” to benefit from the estate, per AP.
The 2014 version removes White as executor, replaces him with Kecalf, and leaves Kecalf and his grandchildren Franklin’s main home in Bloomfield Hills. The property is the most valuable part of the estate, valued at $1.1 million but likely worth much more today.
Neither document was prepared by a lawyer or lists witnesses, according to the New York Times. The earlier document was more detailed and notarized.
Edward and Kecalf Franklin have argued that the later document found under the couch cushions should be considered Franklin’s will, while Ted White Jr. has favored the 2010 document. Their dispute has culminated in a trial that began this week.
Jury ruling
Today, the jury made a major ruling in the case: according to AP, they ruled that the 2014 papers override the earlier 2010 document, a win for Edward and Kecalf.
According to the New York Times, the jury in Pontiac, Michigan came to the ruling in less than an hour of deliberation after a two-day trial in probate court.
The jury found that the later document represents Franklin’s true final wishes, allowing her estate to be divided after nearly five years of uncertainty.
Experts say that the protracted, high-profile battle over the singer’s estate is a reminder to create an official will.
“Everybody should have either a will or a trust,” estate planner Richard Behrendt told CNBC. ″[Otherwise] state law will dictate where your property goes,” he said. “But it might not be where you wanted it to go.”
Aretha Franklin was one of the greatest singers of all time, and it’s sad that her estate has caused such a feud within her family. We hope that this ruling allows her estate to finally be settled.
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