Aretha Franklin Probate Court Saga Continues

How do you want your affairs handled after you pass away? It’s a vital question, especially when considering the lasting impact your estate plan will have on your children and loved ones. The ongoing Aretha Franklin estate battle is a powerful reminder of what can go wrong without clear, legally binding documents in place. If you’re browsing resources like those at the Law Office of Bryan Fagan, it shows you’re taking the right steps toward protecting your family’s future. Estate planning isn’t just about having a will or a trust—it’s about having the right information, making informed decisions, and ensuring your legacy is passed on with clarity and care.

Planning is something that can get away from us if we let it. Take the situation that has developed further in recent weeks regarding the estate of singer Aretha Franklin. Ms. Franklin died in 2018, leaving behind multiple wills. Rather than work with an experienced estate planning attorney, Ms. Franklin chose to create a will using a pen and paper. In Texas, the law refers to these as holographic wills. Ms. Franklin lived in Michigan, where a probate court jury in Oakland County—just outside Detroit—recently had to decide which of her handwritten wills would guide the distribution of her estate.

Aretha Franklin’s sons face off in court over handwritten wills found in her home

The main question that the jury was tasked with answering was which will of Ms. Franklin’s is valid: a 2010 will or a 2014 will. What is stressful, sad, and arguably unnecessary about this whole episode is that it has turned Ms. Franklin’s sons into opponents in the courtroom. Think about that for a moment as you put off estate planning or decide to leave a will halfway finished. Ms. Franklin almost certainly would not have wanted this to be the result of her life’s work- to see her sons in courtroom battles over her estate.

Here’s how the situation unfolded. When Ms. Franklin died in 2018, many believed she had no will. That assumption quickly changed when her family discovered multiple handwritten wills throughout her home. One of her sons, Ted White II, argued that a 2010 will found in a locked cabinet should be declared valid under Michigan law and used to determine how her property and assets should be distributed.

On the other side were Ms. Franklin’s sons, Kecalf and Edward Franklin, who argued that a 2014 handwritten will—found between couch cushions—should control the estate. Hard to believe, right? You’d expect to find spare change or a candy wrapper in a couch, not the will of a world-famous icon. Yet that’s exactly what happened in the Franklin family’s case.

What was Ms. Franklin’s estate worth when she died and what is it worth now?

Let’s take a moment to look at what we know about Aretha Franklin’s estate. At the time of her death, estimates placed its value around $80 million—a believable figure for someone who spent over five decades as a world-renowned entertainer. She captivated millions and earned a fortune doing it. Yet despite her success, reports say her attorney urged—possibly even pleaded with—her to create a formal will before she passed. However, Ms. Franklin resisted those requests and instead died with these handwritten wills, instead. That she died with a handwritten will is not the true issue here (although that may have complicated matters somewhat). The true issue in this situation is that she died with multiple wills.

An inventory filed with the probate court noted that Ms. Franklin’s estate was now valued at only $6 million. This almost complete loss in value over just five years can speak to several issues, which are justified in discussing here today. First, when you do not have an estate plan, the same outcome can happen to you. After you die, the property that you own must still be maintained. This means if you own a home or a condo, there will still be homeowners’ fees, taxes, maintenance, and things of this nature to attend to. Your heirs or beneficiaries won’t need to cover those expenses themselves—your estate will handle the payments.

Why proper estate planning matters more than celebrity status

Ms. Franklin’s estate had a representative who managed tax payments and related expenses, but he couldn’t distribute property until the court resolved the will dispute and determined how to divide the estate. This situation reminds us that even celebrity estates can lose significant value within a few years. Without proper planning, your family and loved ones may end up with only a fraction of what they could have received.

There is a way to avoid a situation like this from playing out in your own life. Even if you don’t have millions of dollars in assets like Ms. Franklin, you can still take proactive steps towards preparing your estate and doing whatever you can to make sure that when you die your family can concern themselves with remembering you the person rather than you the person who died with a bad estate plan- or none.

The attorneys with the Law Office of Bryan Fagan are here to help you develop an estate plan by teaching you about the law. That is how you can make good decisions for yourself and do what you think is best for your family. We are not here to substitute our judgment for yours or to make decisions for you. Rather, we are here to help you learn about the law, and that way, you can be the one to chart a course for your estate planning.

Make life easier for those around you by planning your estate well

Ms. Franklin didn’t die without an estate plan—she created one. The real trouble began when her family discovered multiple handwritten wills, each appearing potentially valid. Both wills became central to the probate court case and raised confusion due to Ms. Franklin’s imperfect penmanship. To clarify their contents, the court called in a handwriting expert to examine the documents and testify about what they actually said.

The 2014 will favored by two of Ms. Franklin’s sons—and ultimately declared valid—was found between couch cushions. Surprisingly, that didn’t make it any less legitimate. In Texas (and Michigan), you don’t need to store your will in any specific location. You can keep it in a safe deposit box, a file folder, or at your attorney’s office. What matters is that the will names an executor, includes your signature, and has two witnesses. Once you meet these legal requirements, you’re free to store the will wherever you prefer.

Ms. Franklin’s two sons made their case to a Michigan jury, arguing that the 2014 will—found in her couch—should stand. Sure, it’s not where you’d expect a millionaire to store such an important document, and critics questioned its validity because of that. The opposing side essentially asked: if this was truly her final will, wouldn’t she have stored it more carefully? But in the end, that argument didn’t sway the jury.

What property do you own?

This is a somewhat simple question for most of us. Determining the property, we own should be as simple as opening your bank account and determining the contents of our checking and savings accounts. Next, you could go into your investments and determine what retirement and non-retirement accounts you have in your name. Do you own cryptocurrency, a small business, vehicles, or investment real estate? Get a firm grasp on the property which you own to be better prepared for the planning stages of a will. The more prepared you can be the better off you are when you start the estate planning process.

Next, take time to estimate what your property is worth. Homes and land can be compared to similar local sales, and investments usually have clear, if fluctuating, values. Harder-to-value items like classic cars or collections may take more effort—but don’t let that stop you. Even if it takes time, knowing the worth of your assets is well worth it.

It’s worth your time to appraise your estate because knowing its value helps you divide assets fairly in your will. If you know your estate is worth around $2 million, you can make thoughtful decisions that reflect your intentions. What you want to avoid is guessing—or worse, leaving your family to sort it out in court. As Ms. Franklin’s family learned, you only get one chance to plan your estate. Taking the time now can spare your loved ones from stress later.

What about Ms. Franklin’s fourth son?

Ms. Franklin had four children during her lifetime but thus far we have only discussed three of them. Ms. Franklin’s fourth son is a man named Clarence Franklin. Unfortunately, Mr. Franklin lives under guardianship in an assisted living facility. He did not play a part in the trial. If you have a person with special needs or someone with a disability whom you would like to help care for as a result of having an estate plan then this is more reason to prepare your estate and get your will drafted.

Not having a will can put you and your family in a situation where your estate will likely need to go through probate. While this may also be true even if you do have a will the chances of needing to go through probate increased dramatically without a will. The reason for this is that a court will need to appoint an administrator for your estate and give this person the authority to begin contacting creditors and ultimately distribute property to heirs. An heir search will also need to be performed so that any person who is legally able to come forward may do so from your family.

Estate planning can protect loved ones with special needs and avoid unnecessary court costs

This process takes time and money to accomplish. Your estate covers the court costs and legal fees required to go through the court process—money that could otherwise support your family. When there is someone in your family with special needs or a disability, he or she could likely use that money sooner rather than later. If you want to be able to help benefit these people specifically then you can account for them in your estate plan by having a will and being intentional about how you structure your estate and any documents which are related to it.

You may want to ensure, for example, that this person can stay with a particular caregiver or at a particular facility where he or she has been living. To ensure your loved one receives proper care, designate specific property or assets for their benefit in your estate plan. Don’t leave their future to chance—take clear, intentional steps now to support them. By thoughtfully planning your estate, you can direct property to your loved one in a way that reflects their needs. Without this preparation, they may miss out on essential care or face uncertainty about what support they’ll receive later.

Conclusion

What the family of Ms. Franklin went through in a Michigan probate court is not something that anyone would like to see their family struggle with. You can begin to take steps that can benefit your family tremendously by meeting with an experienced estate planning attorney today. It does not take much effort or time to sit down for a free-of-charge consultation with the Law Office of Bryan Fagan. We can help you to prepare the beginnings of an estate plan while answering questions about the most pressing estate planning-related matters you have in your life.

The Aretha Franklin estate battle underscores the importance of having a clear, well-executed estate plan to avoid confusion and conflict among loved ones. Whether you’re drafting a will, setting up a trust, or updating existing documents, taking action now can spare your family unnecessary heartache later. Use the chaos of the Aretha Franklin estate battle as a cautionary tale—plan properly to protect your legacy and ensure others honor your wishes.

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