The unfortunate dispute that recently arose among Aretha Franklin’s sons illustrates what can happen when a person dies without a properly drafted will.
Background of the Dispute
The legendary soul singer died in 2018. Initially, it was thought she had not made a will, so her estate was divided equally among her four sons. However, a few months later, two handwritten wills were found.
One will, dated June 2010, was found in a cabinet at her home. The other, dated 2014, was in a notebook discovered under sofa cushions. These discoveries led to a bitter five-year dispute between the sons.
Content of the Wills
The 2010 document provided for a largely even distribution of Franklin’s assets but required that sons Kecalf and Edward take business classes and obtain a certificate or degree to benefit from the estate. Under the 2014 will, three sons would evenly split her music royalties and bank funds, while the youngest, Kecalf, and his grandchildren would inherit her primary residence, a gated mansion last valued at $1.2 million.
Legal Battle and Resolution
The dispute over the validity of the wills and which one should stand was eventually settled by a jury in Michigan, which decided that the 2014 will should be accepted as valid.
Lessons Learned
Family disputes tend to get publicity when celebrities are involved, but they are increasingly common when people either don’t make a will or leave a poorly drafted document of questionable validity. The best way to ensure your estate is inherited by people of your choosing is to make a valid, properly drawn-up, and legally binding will. Without this, there is a real possibility that your estate will pass to people you may not have chosen, or as in Franklin’s case, lead to years of family infighting and legal action.