A judge overseeing a dispute surrounding the estate of the late singer Aretha Franklin has awarded her sons ownership of her homes.

Earlier this year a jury decided that one of Franklin’s handwritten wills was valid. The singer left multiple handwritten wills throughout her home, including one found stuffed in a couch.

The dispute

Franklin’s sons Kecalf and Edward Franklin argued that a will authored in 2014 and stuffed inside a sofa should override a 2010 will that was locked inside a cabinet inside Franklin’s home. Franklin did not leave behind a formal will when she died in 2018 at the age of 76 from pancreatic cancer.

Attorneys for Kecalf and Edward stated that the document, even though it was found in a couch, was just as significant as the one which was locked away.

The opposing party was Franklin’s other son Ted White II, whose attorney argued that the 2010 document should stand because it was locked away. Franklin’s fourth son, Clarence Franklin, was not involved in the litigation. About four months ago, a judge determined that the 2014 will is a valid legal document.

Franklin’s homes

In November, a judge awarded Kecalf one of Franklin’s homes, valued at $1.1 million in 2018. Ted White, the son who favored the 2010 will, received a home in Detroit, valued at $300,000. This home has since been sold by Franklin’s estate, and White is requesting the proceeds from the sale. Edward Franklin received another property.

The dispute highlights the importance of proper estate planning

In Michigan, a holographic (handwritten) will is a legally binding document. However, most legal experts will argue against using handwritten wills because of the many mistakes a person is likely to make.

Instead, it is important to develop an estate plan, which is an important series of tasks that will ultimately help ease some of the burden on the family. The transfer of property, tax planning, and other important matters are addressed with an estate plan.

Help is available

The estate planning and probate attorneys at O’Reilly Rancilio offer comprehensive planning and administration services to individuals and families. To speak to an attorney, please call 586-726-1000.