The long-standing legal battle over the estate of the late music icon Aretha Franklin is set to commence on Monday, 10 July 2023, as the trial to determine the validity of two handwritten wills begins.
Aretha Franklin sons at odds over two handwritten wills
The absence of a formal typewritten will has led to the unusual situation of these handwritten documents, one of which was found in couch cushions, being evaluated to determine the handling of Franklin’s estate, per AP News.
Aretha Franklin, crowned by Rolling Stone in January 2023 the ‘Best Singer of all Time‘, had four sons but did not have a typewritten will despite her health issues and attempts to create one.
However, Michigan law allows for the consideration of other documents, even those with scribbles and hard-to-read passages, as valid if they are deemed to reflect the deceased’s wishes.
The dispute over Franklin’s estate has caused a rift among her sons.
Ted White II contends that the 2010 papers should primarily guide the estate, while Kecalf and Edward Franklin support a 2014 document.
Both handwritten wills were discovered in Franklin’s suburban Detroit home several months after her death from pancreatic cancer in 2018, further complicating the matter.
Aretha Franklin’s remarkable career spanned several decades, and she was celebrated for hits like Think, I Say a Little Prayer, and Respect.
Her death without a clear will initially indicated that her four sons would likely share her considerable assets, including real estate, furs, jewellery, and future royalties.
Aretha’s sons want ownership of these assets
Franklin’s niece, Sabrina Owens, took on the role of personal representative or executor.
Months later, in 2019, the estate was thrown into turmoil when two handwritten wills, dated 2010 and 2014, were discovered.
While both wills suggest that the sons would share music-related income and copyrights, there are notable differences between them.
The 2014 version removes Ted White II as executor and replaces him with Kecalf Franklin, and it does not include the provision regarding business classes.
Kecalf Franklin and grandchildren would inherit Franklin’s main home, which was valued at $1.1 million at the time of her death.
The trial will address the conflicting wills and determine which one should be admitted to probate.
Charles McKelvie, a lawyer representing Kecalf Franklin, argues that the most recent will revokes the previous one, while Kurt Olson, representing Ted White II, asserts that the 2010 will is notarised and signed, whereas the 2014 version is considered a draft.
Michigan law allows for informal wills as long as they meet certain criteria, such as being handwritten, dated, and signed. This aspect may play a role in determining the validity of the contested wills in Franklin’s case.