For the past five years, fans of soul-singing icon Aretha Franklin in Florida and across the country have been following news regarding her sons battling it out in court over her estate. Several estate planning documents had been found following the singer’s death. However, none of them were typed or otherwise executed in the same manner as a formal will. A jury recently decided that the handwritten piece of paper found in Franklin’s couch after she died constitutes a valid holographic will.
The paper, which Franklin’s niece found in her aunt’s couch, was dated 2014. Another handwritten document from 2010 was also found. Hence, her sons have been entangled in a legal battle over which document should be accepted as Aretha Franklin’s official last will and testament. One of the sons stated that the 2010 will should supersede the later paper because it had been kept under lock and key, rather than found in the cushions of a couch.
The other two sons disagreed
An attorney speaking on behalf of two of Franklin’s other sons said the fact that the 2014 paper was found in a couch is irrelevant. He said a person can write a will and leave it on a kitchen countertop, but it’s still valid. In the 2014 will, Franklin bequeathed her home, worth more than $1.1 million to one of her sons and grandchildren. The more recent will amended terms of the earlier-written paper, which had required that two of Franklin’s sons become certified in a trade or get a college degree to claim their inheritance.
The son who lost in court said he is prepared to abide by the court’s decision. The son who has now inherited Franklin’s home, along with her grandchildren, said he is happy that the court has made sure his mother’s wishes are carried out. When a sibling dispute arises regarding a last will and testament, it is helpful to seek guidance and support from an estate planning and probate attorney.
