Handwritten Will of Aretha Franklin Found in a Couch After Her 2018 Death Declared Valid by Jury
Background
In a significant turn of events, a jury has ruled that a handwritten document discovered in the couch of legendary singer Aretha Franklin after her death in 2018 is a valid will. This decision marks a critical moment in an ongoing dispute between Franklin’s sons, Kecalf Franklin and Edward Franklin, over her estate. Their lawyers argued that the papers, dating back to 2014, should supersede a 2010 will that was found around the same time in a locked cabinet at Franklin’s home in suburban Detroit.
Aretha Franklin, known as the Queen of Soul, was a global star for decades and was famous for hits like “Think,” “I Say a Little Prayer,” and “Respect.” At the time of her passing, she reportedly had a net worth of $80 million. However, the current value of her estate is now less than $6 million.
Jury Verdict and Emotional Reactions
The jury deliberated for less than an hour after a brief trial that started on Monday. Following the verdict, Aretha Franklin’s grandchildren expressed their joy by stepping forward from the first row to embrace Kecalf and Edward. Kecalf Franklin, expressing his relief, said, “I’m very, very happy. I just wanted my mother’s wishes to be adhered to. We just want to exhale right now. It’s been a long five years for my family, my children.”
The Significance of the Handwritten Will
Aretha Franklin did not leave behind a formal, typewritten will. Instead, documents with scribbles and difficult-to-decipher passages were discovered in 2019 when a niece went through the singer’s home in search of records. In closing arguments, the lawyers for Kecalf and Edward Franklin emphasized that the fact that the 2014 papers were found in a notebook in couch cushions did not diminish their significance. They argued that regardless of where the will was found, it still represented the wishes and intentions of Aretha Franklin.
Legal experts noted that some states, including Michigan, allow handwritten wills without witness signatures to be considered valid. Reid Weisbord, a distinguished professor of law at Rutgers University, explained to CBS News that the jury had to consider whether the smiley face in the 2014 document constituted a valid signature and whether Franklin intended it to be her will.
Implications for the Estate and Future Proceedings
While the verdict establishes the validity of the 2014 will, there will likely be ongoing discussions concerning the fulfillment of certain provisions from the 2010 will and the appointment of Kecalf Franklin as the executor of the estate. Judge Jennifer Callaghan has instructed all parties to file briefs and attend a status conference in the following week.
Aretha Franklin’s estate managers have been managing financial matters, including paying bills, settling tax debts, and generating income through music royalties and other intellectual property. However, the will dispute has remained unresolved, creating uncertainty regarding the division of assets and responsibilities.
Family Dynamics and Disagreements
A notable aspect of the trial was the familial tension and division it highlighted. Aretha Franklin’s sons, Kecalf and Edward, formed an alliance against their brother, Ted White II, who favored the 2010 will. White, who had played guitar with Aretha Franklin, testified against the 2014 will, stating that his mother would typically handle important documents with the assistance of an attorney, suggesting the 2014 will was not in line with her preferred method of estate planning.
Kecalf Franklin, when asked about any rift with his brother, expressed his love for him. A third son, Clarence Franklin, who resides under guardianship in an assisted living center, did not participate in the trial.
Editorial and Advice
This case brings forward several important philosophical and legal questions surrounding the validity of a handwritten will and the interpretation of a deceased individual’s intentions. The jury’s decision to uphold the 2014 will, despite its unconventional nature and discovery in a couch, highlights the need for a comprehensive examination of estate planning laws to better accommodate evolving methods of document creation.
It is crucial for individuals to have a clearly articulated and legally recognized will to ensure their wishes are respected after their passing. While a handwritten will may be accepted in some jurisdictions, it is advisable to consult professional legal advice and go through the appropriate channels to draft a comprehensive and unambiguous will.
In situations where family members or beneficiaries disagree over the validity or interpretation of a will, seeking legal assistance can help navigate the complexities and emotions involved. Family dynamics and conflicts can add significant stress during an already difficult time, so open communication and mediation may be beneficial in ensuring a fair resolution.
Ultimately, the outcome of this trial serves as a reminder of the importance of comprehensive estate planning and the need for clear, legally binding documents to avoid potential disputes and uncertainties for the loved ones left behind.
<< photo by James Owen >>
The image is for illustrative purposes only and does not depict the actual situation.
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