A Michigan jury recently found that a handwritten document found beneath a couch cushion was Aretha Franklin’s will. The dispute was whether this document, or a prior handwritten document from 2010, was her will. After the trial, nearly 5 years after her death, the jury found that the later document was valid.
This is a tragic situation for all parties. Litigation takes a toll on both plaintiffs and defendants. There are some important lessons from this dispute regarding our own estate plans.
Holographic Wills Can Be Valid, But Are a Bad Idea
A handwritten will is called a Holographic Will. These types of wills generally need to be in the testator’s handwriting and signed by the testator. One of the issues the jury had to decide was whether there was a signature on Aretha Franklin’s Will. The mark in question was the letter “A” with a smiley face inside of it.
In Michigan, where Aretha lived, a holographic will must meet certain requirements. It must be dated, signed by the Testator, material portions must be in the Testator’s own handwriting, and it must be evident that the Testator intended the document to be a Last Will & Testament.
Not all states recognize holographic wills, though. Tennessee recognizes them, but the Testator must adhere to the requirements in Tenn. Code Ann. § 32-1-105. The will’s material provisions must be in the testator’s handwriting, the testator must sign it in his or her own handwriting, and two witnesses must prove the handwriting.
The jury found that the letter “A” with a smiley face was her signature. This made Aretha’s 2014 handwritten will effective. In spite of this, one of her sons may still be able to get portions of the 2010 will to dispose of Aretha’s estate. The story is not even over yet, 5 years after she passed away.
The lesson here is that holographic wills are a recipe for litigation. With standard wills, there are witnesses and a self-proving affidavit to admit the will to probate. But DIY estate planning documents, such as Aretha Franklin’s wills, often don’t adhere to the traditional formalities.
Taking these chances is a very risky endeavor. And loved ones will have to deal with the fallout during a time of grieving.
Work with Professionals to Handle Your Assets
Building off the previous point, this is a textbook example of why it’s important to have professional guidance with handling your assets. As well-intentioned as Aretha may have been, and as talented an artist as she was, it’s no substitute for professional advice.
Especially considering that her estate was worth nearly $80 million, she and her beneficiaries would have greatly benefited from financial planners, accountants, and attorneys helping with the plan. Due to the dispute and estate tax problems, her estate’s value has dropped to $6 million.
Both of Aretha Franklin’s Wills were handwritten. Don Wilson, an attorney who worked with her for nearly 30 years, said that she was a very private person and may not have wanted to share her financial information with an attorney.
But by not sharing this with an attorney, she ended up sharing that information with the world. Attorneys have ethical duties of confidentiality and putting our clients’ interests ahead of our own. This also generally applies to financial planners and accountants.
While it may be uncomfortable to process through an estate plan with other people, it’s important to get ahead of these difficult situations so that there is certainty for your loved ones. Professionals who work in these fields can help you plan for those times so there is less of a burden left behind during such times.
Inform Your Representatives Where Your Documents Are
Sabrina Owens, a niece, found Aretha Franklin’s Wills in 2019. The 2010 Will was in a locked cabinet and the 2014 Will as beneath a couch cushion. It was only after Owens scoured Aretha’s house that she discovered these documents.
Part of the argument at trial was that the documents’ location should affect which one is actually Aretha Franklin’s Will. The earlier one was in a place where one might expect to find a Will, and the other was in a hidden and unusual place.
But a Will’s location is not an element of determining whether it’s valid.
Nonetheless, making it known where these documents are makes the process much easier. It’s highly advisable to notify your representatives where your documents are and how to access them. If it takes a long time to locate your documents, this will delay transferring your legacy.
For your Will, notify your Executor(s) where the original is and how they can access it, along with any copies. While copies of a Will can be admitted to probate in limited situations, if there is a question of fraud, the court will likely require the original.
For those with Trusts, notify the Successor Trustee(s) and any Trust Protector(s) where the Trust Agreement is. You should also provide a copy of the Trust to them, along with any Certification of Trust.
With Powers of Attorney, your Agents should at least have electronic copies of the documents. This also applies to your Living Will. If you lose your legal capacity, your Agent may need to act quickly to protect your interests. In that situation, there is no time for a frantic document search.
Final Thoughts on Aretha Franklin’s Will
Even a little bit of planning goes a long way. If Aretha Franklin had an attorney prepare her Will and then executed her Will with the typical formalities, this likely would not have happened.
While Aretha was a highly successful performer and built great wealth, she’s not the only type of person who needs estate plans. Estate planning is important for everyone, and it’s for right here, right now.
To put your estate plan in order, reach out to Connell Law, PLLC to request a consultation. We look forward serving you in passing on your legacy.
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