R-E-S-P-E-C-T THE PROCESS
“The day is past and gone
The evening shades appear
May we all, may we remember, remember well
For the night of death draws now”
-Aretha Franklin, the day is past and gone
Most of us think that celebrities have iron-clad estate plans to secure their millions; but oftentimes the reality is very different. Like much of Hollywood, the facade is often prettier than what lies beneath.
When Aretha Franklin died in 2018 after a 60-year career, she left behind a legacy of more than 75 million record sales, 17 top 10 hits and 112 charted Billboard singles. She also left a home, valuable personal property and ongoing royalties and licensing income.
But she had no formal estate plan. Instead, two separate handwritten wills surfaced. The documents agreed on one point — that her four sons would share estate profits, including future earnings from her recordings — but conflicted over who would control the estate. A trial was needed to decide which will was valid. it took more than 5 years and tens of thousands of dollars to finalize everything.
Confusing paperwork
At the time of her passing, Franklin’s children did not believe that she had a Will when she passed away. If Franklin had truly died intestate, her assets would have been divided equally among her four sons. (Per Michigan intestacy laws). Franklin’s niece, Sabrina Owens was unanimously selected as the Personal Representative of the estate.
During a search of Franklin’s home, Owens discovered two different wills that were handwritten by Franklin. Neither will was prepared by a lawyer nor signed by witnesses. Each will had different instructions regarding the distribution of Franklin’s assets & different requirements for each of the heirs.
An 11-page, notarized document dated June 2010 was found locked in a cabinet with other important papers. It named one of Franklin’s sons, Ted White (known professionally as Teddy Richards), and her niece, Sabrina Owens, as co-executors. It also included a requirement that her sons Kecalf Cunningham and Edward Franklin complete business classes and earn a certificate or degree before receiving benefits from the estate.
The other document, a signed but un-notarized document, dated 2014, was found in 2019 in a spiral notebook wedged between couch cushions. It was hard to read. It still listed Owens as an executor but replaced White with Cunningham. It divided her royalties and bank accounts evenly, but gave Cunningham ownership of Franklin’s main home in Bloomfield Hills, Michigan (valued at $1.1 million at the time of her death). This later version made no mention of business class requirements. Both documents stated that her eldest son, Clarence Franklin, who lives under guardianship, must receive regular support.
Generally, a newer will supersedes an older one, but probate laws vary by state. In this case, the validity of the wills was called into question. Both wills were handwritten, which is called a Holographic Will. In California, Probate Code, Section 6111 governs the requirements of a valid holographic will.
During the trial, White’s attorney noted that the 2010 will was notarized and signed, while the 2014 version was signed but not notarized. Still, it took the jury just one hour to conclude that the second will reflected Franklin’s final wishes.
At the time, the estate’s estimated value was between $6 million and $80 million, depending on asset types and debts. It included Franklin’s main home, several other houses, furs, jewelry, music-related assets and bank accounts. Owens, who handled personal and business matters such as licensing, award shows and film negotiations about the singer’s life, was named co-executor in both wills. She ultimately stepped down, saying Cunningham was creating conflict — something she believed Franklin, who valued family harmony and privacy, would not have wanted.
The IRS also challenged the estate, claiming Franklin owed nearly $8 million in unpaid taxes. Her children didn’t begin receiving profits until the tax debt was resolved in 2022.
Legality has value
Franklin was widely known as a very private person, and quite possibly paranoid. For example, she would insist on being paid in cash for her performances, which she would keep in her purse onstage. Don Wilson, Franklin’s attorney, reportedly advised her times to set up a formal Will and Trust prior to her death. Speculation tells us that Franklin hand wrote her Will herself because she didn’t want to share any of her information to another person, not even her attorney.
Franklin was lucky that she lived in a state where holographic wills are recognized and that the jury found the will to be valid; which would have resulted in an equal division of her estate; which was against her wishes.
How You Can Learn from Aretha Franklin’s story
Aretha Franklin’s story should serve as a cautionary tale. Franklin’s values would have been easier to uphold if she had left a valid, properly executed will. Instead, she left her heirs to argue for five years about her true intentions. She also created confusion by not making it clear how her wishes had changed or ensuring those changes were legally binding.
Your estate plan should begin with a valid will that complies with the laws of the state where you legally reside. Any updates should be legally executed as well; a draft may not be enforceable. Otherwise, your family may end up in court and your most recent intentions may not be honored.
You’re not required to share the contents of your will, but communicating your estate plan and long-term goals can help prevent costly disputes — especially if someone feels excluded from what they see as a rightful or an expected inheritance. In fact, those that are concerned about privacy should consider the use of a trust. Any assets placed in a trust will pass to your loved ones outside of the probate process and will keep them out of the public eye.
Talking to an experienced estate planning attorney is the first step in protecting your assets and your future and ensuring your family does not have to suffer through a long, expensive, drawn-out process. We can help!