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Over the past few weeks, the Law Office of Bryan Fagan has closely followed the ongoing Aretha Franklin will dispute. The legendary R&B singer passed away without a formal estate plan, leaving behind multiple handwritten—or holographic—wills that conflict in significant ways. As expected for someone of her stature, Ms. Franklin left behind valuable assets, including a large home. Now, her four sons find themselves navigating Michigan’s probate courts, trying to determine which version of their mother’s handwritten wills truly reflects her final wishes. The Aretha Franklin will dispute serves as a high-profile reminder of why clear, legally binding estate planning matters.
Why the Aretha Franklin estate battle serves as a cautionary tale for families
It does not take an estate planning genius to figure out that this is not an ideal situation. Ms. Franklin’s estate is currently locked in a probate battle, and each day the legal process drains more of her property to cover ongoing costs. Meanwhile, her family spends more time and energy fighting over her assets than honoring her memory and who she was as a person. This is not what she would have intended to have happened, I am confident in saying.
Despite this, Ms. Franklin died without a will that was clear in her intentions. What’s done is done, and unfortunately, this is the path her family now faces. With hope, the court will resolve the matter soon so they can find closure and move forward. For the rest of us, we can try to take away some lessons from this situation to apply to our own lives. It would be a mistake to assume that just because Aretha Franklin was a famous person that there are no lessons that we can draw from her situation. If nothing else, view the battle over her estate as a cautionary tale for the rest of us to try and avoid.
If you are in a situation where there is a will contest or probate-related matter that is impacting your family, please reach out to the Law Office of Bryan Fagan today. We make it simple for you to come into contact with us, whether it be in person, over the phone, or via video. We have office locations across southeast Texas and the Houston area. A free-of-charge consultation with one of our experienced estate planning attorneys may be just what you need to get on the right track toward planning a case related to probate or estate planning issues.
What does it mean to go through a will contest?
The situation involving Ms. Franklin and her estate is not the norm as far as probate cases are concerned. Most of the time, when a will or an estate goes through probat,e it does so uncontested. However, her situation shows us that disputes can arise during this type of case. Additionally, it does not have to be complex or large probate cases that see these contests occur. Rather, even small, and medium-sized estates can result in a will contest or other contested issues arise therein.
What ends up happening in many of these cases is that a person dies who did have a will drafted. That will become public knowledge (or at least known to the deceased person’s immediate family) and then a potential beneficiary or family member will find something that he or she believes is a problem in that will. Contesting the will as a part of a probate case is not a simple endeavor. If you believe there’s a problem with a will in which you’re named as a beneficiary, you may need to contest its validity to protect your rights and interests. This process involves knowledge of the Texas Estates Code as well as how to operate and function within the probate court itself. Having an attorney to advocate your position and hold others accountable is crucial to your success.
Who can legally contest a will in Texas probate court
If you plan to bring a will contest before the probate court, the court will recognize you as the contestant. Before moving forward, you must determine whether you have the legal right to challenge the will. The law refers to this right as standing—the ability to file a legal action based on your direct interest in the outcome.
If you lack standing, then you will not have the ability to submit a will contest. Fortunately, many people have standing in Texas to contest the validity of a will, including the spouse of the deceased, creditors, and heirs of the deceased. Even if you do not fall into any of those categories, you can still likely bring forth a will contest as long as you have some property interest concerning the estate of the deceased.
A common scenario that we see play out in movies (if not real life) is where a wealthy person passes away and, instead of leaving most if not all their property to their spouse and/or children, leaves all his property to a nurse or home health aide with whom he spent a great deal of time with towards the end of his life. Unless the gentleman made this known to his family ahead of time, all of this probably would have been a shock to his children. However, the children of the deceased would certainly have the standing to bring a contest action in probate court as to the validity of their deceased father’s will.
Why timing matters when contesting a will in Texas
There is also a time limit to concern yourself with, as far as how long after a person passes away you can still attempt to contest their will. In Texas, the statute of limitations on bringing a will contest is two years. On a practical level, it is easier to bring your will contest to the attention of the court by filing an intervention into an already existing probate case sooner rather than later. This means you should have an idea of what you want to do soon after the deceased individual passes away.
Once you make up your mind to contest the will, timing also becomes a factor as far as who has the burden of proof in your case. Let’s say that the will has not been probated yet. In a situation like that, the executor or the personal representative of the estate would have the burden of proof to show the validity of the will. On the other hand, if the court has already probated the will, you carry the burden of proof as the person contesting its validity. This is a tougher road to hoe. You would need to show that it is more likely than not that the will is invalid.
What are the grounds on which a person may contest a will’s validity?
In Texas, you can contest a will based on several legal grounds. If your loved one was elderly or struggling with physical or mental health issues, you may suspect that someone else unduly influenced their decisions. A valid will should reflect the true intentions of the person who created it—not the pressure or manipulation of others. When you believe someone influenced your loved one to change their will unfairly, you have the right to challenge its validity in court.
In many cases, it is one of the beneficiaries of the will who would coerce or threaten the testator (person who creates the will) to include certain language in the will which would be to his or her advantage. That person would use their position as a caregiver, friend, close family member, or something different entirely to unduly influence the testator in the drafting of the document. As we saw a moment ago, timing means a lot when it comes to proving the validity of the will. If the will has already been probated, you may bring a will contest within two years of the person’s death. However, the burden is on you to show that the will is invalid.
Challenging a will based on undue influence or lack of testamentary capacity
One of the challenges of proving the invalidity of a will based on grounds of undue influence is that undue influence is often hard to prove. There is usually no physical evidence of undue influence. Rather, undue influence usually occurs behind closed doors between one person who holds physical or emotional power over the testator. As you can tell, a case like this can quickly become a “he said, she said” type of affair. Not always the easiest to prove, if you find yourself in a position where you are needing to bring forth a will contest based on undue influence, it is best to have an experienced estate planning attorney by your side.
Another ground on which to challenge the validity of a will is to argue that the testator could not create a will. This is an important challenge to a will because the age of the person who creates the will is directly relevant. A will is an important document that conveys to the world your intentions for your property after you pass away. With that said, you also need to have a basic level of understanding of what you are doing and what a will can mean for your future. If you are not aware of the ramifications of what you are doing in drafting a will, then you are in danger of lacking what is called testamentary capacity.
What counts as testamentary capacity when creating a valid will in Texas
Challenging a will based on the testator lacking testamentary capacity means that the testator may not have had a memory of creating and signing the document. For example, if your Uncle Bob created a will for himself in his hospital room after he was recovering from a complex surgery, then there may be grounds to challenge the validity of the will based on grounds of testamentary incapacity. You could argue that he was on powerful pain medications for an extended time after the surgery, and as a result, he was not cognizant of where he was, what he was doing, or certainly of the consequences of the will that he was creating.
When it comes to the document itself, your will does not need to contain many things to be found valid but certain requirements under Texas law must be in place. First, the will must be in writing for it to be valid. Oral wills or promises to individuals that they would receive property from you after your passing are not valid forms of a will in Texas. You need to put those desires in writing. As mentioned earlier in today’s blog post with Ms. Franklin, holographic or handwritten wills are valid in Texas. A typewritten or handwritten will are both valid in Texas.
Next, the testator must sign the will, or direct someone else to sign on their behalf if they’re physically unable. Even a simple mark, like an “X,” counts as a signature. However, the signing must happen in front of at least two witnesses. If someone else signs for the testator, it must be at the testator’s direction and in their presence—also witnessed by both individuals.
Why clear and accurate language is critical when drafting a will in Texas
Another issue that sometimes comes up regarding the validity of a will relates to ambiguous language in the document. A will should, ideally, contain clear and concise language that directs an executor to perform certain actions on behalf of your estate. Vague language in a will invites arguments and creates disagreements over what a specific provision or instruction actually means. When you have multiple children and multiple types of property that you would like to leave to the children, then it behooves you to be as specific and clear as you can about which property item should go to a specific child. Even stating serial numbers, model numbers, account numbers, etc., can reduce the likelihood that confusion occurs.
Another reason a court could deem a will invalid is if the language, though clear, contains critical errors. These mistakes often happen when someone rushes through the drafting process. That’s why we call them “drafts”—you need to carefully review and revise them to catch and fix any issues before finalizing the will. Taking your time during this process can help ensure the document accurately reflects your wishes and stands up in court. If a beneficiary of your will challenges the validity of the document based on the number of acres or units of property that are different from what they contain.
What should you do after you create a will?
Once you have gone through the process of drafting and completing your will, a reasonable question that you may have is what should you do with the will? You can send the original version of the will to your county or district clerk- whichever handles probate matters. Or, if you use an attorney’s services, then you may choose to keep the will with the attorney who drafted the will with you. The benefit of using an attorney or keeping your will at the clerk’s office is that you know exactly where it is, and it can be easier to find the will if you ever need to check on something or make changes in the future.
What should you do now?
Now that you have read some about Ms. Franklin’s situation and hopefully understand more about what it means to create a will in Texas it would make sense to take the next step towards creating your own will. Working with an experienced estate planning attorney can help you hit the ground running when it comes to creating a will. If you would like to create a will that helps your family, friends, and other causes you believe in long after you have passed on, a will is the best way to do that for many people. The Law Office of Bryan Fagan can help you get your will together in the most efficient way possible.
The Aretha Franklin will dispute highlights the importance of having a clear and legally binding estate plan. Without one, even the most well-known individuals can leave behind confusion, conflict, and costly court battles for their families. As her sons continue to sort through contradictory handwritten wills in probate court, the case serves as a powerful lesson for anyone considering how to protect their legacy. The Aretha Franklin will dispute reminds us that proper planning not only honors your final wishes but also spares your loved ones unnecessary stress and uncertainty.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed estate planning attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of estate planning as well as the impact on your family from a probate case being filed.
Other related articles
- How to proceed when a family member dies without a will
- Who Are the Heirs to an Estate When Someone Dies Without a Will?
- What Happens When Someone Dies Without A Will In Houston, Texas
- Celebrities who died without a will: Bob Marley
- Inheritance Laws in Texas: What Happens Without a Will?
- Can All Estate Planning Documents Be Handwritten in Texas?
- The Impact of Divorce on Beneficiaries in Your Texas Will
- Will Basics for Texans
- Storing Your Estate Planning Documents
- What is Old Texas Probate Code? Decoding the Legal Stuff
