Only a handful of people are so iconic that a single name says it all—Oprah, Beyoncé, LeBron, and of course, Prince. These names are etched into pop culture, instantly recognizable around the world. At the Law Office of Bryan Fagan, we recently explored the Prince estate battle on our Estate Planning YouTube channel. The video dives into the legal chaos that followed Prince’s death, largely because he passed without a will. Attorney Megone Trewick even kicks things off with a memorable nod to his legacy by singing a few lines of “Purple Rain”—making the video worth watching for that moment alone.
However, her ability to flex the golden pipes is not the best reason to watch her video. Attorney Trewick provides you with a terrific overview of Prince’s situation after he passed away. His parents predeceased him, he had siblings at the time of his death, and had a live-in girlfriend. A resident of Minnesota, Prince’s girlfriend was not able to make an argument that she was Prince’s common-law wife, as she could have in Texas. In Minnesota, not having a will meant that Prince’s longtime girlfriend was treated under the law like a roommate. She got nothing and his siblings got everything.
Prince estate battle
The Prince estate battle highlights exactly why verbal wishes and assumptions aren’t enough when it comes to your legacy. Even if people close to you believe they know what you would have wanted, courts cannot legally honor secondhand statements without written proof. In Prince’s case, no valid will existed, leaving his multimillion-dollar estate subject to drawn-out legal disputes and interpretation. While friends and family may have good intentions, the law requires clarity—something only proper estate planning can provide. Don’t leave your legacy up to guesswork. Take action now to avoid the kind of uncertainty and conflict that defined the Prince estate battle.
What we focus on here at the Law Office of Bryan Fagan is that estate planning is unique to you and your situation. We do not take the estate plan for a client we worked on last week, change the name hand it over to you, and recommend that you follow that plan. It would be easier to do this, but it would not be appropriate. We work with our clients to help them create an estate plan that suits their needs now and in the future. We understand that you may not have all the answer,s but we will work to help you answer those pressing questions so you can have peace of mind surrounding a process that often strips us of our sense of stability.
Why your legacy matters more than just money in estate planning
Legacy is a word that we hear tossed around a lot in estate planning. However, frequently we hear the word used, it does not take away from how legitimately important your legacy is. Having a legacy or passing down a legacy does not mean that your legacy needs to be money or great wealth. Statistically speaking, most of us will not die with millions upon millions of dollars to our name. Most of us will die with some money and that money needs to be accounted for, don’t get us wrong. However, the true impact of a legacy is on how you can consider the needs of those closest to you and then take the steps necessary to ensure your wealth can benefit that person, charity, church, or other cause in which you believe.
This begins with figuring out a plan. The most basic part of the plan would be: to whom do you want to leave your property? That could be relatives, friends, co-workers, a church, a charity, or anything in between. Having a will allows you to be surgical with how you divide up your wealth. Imagine a surgeon performing a delicate operation with a precise tool- sharp, light, and able to be wielded easily.
Now imagine the same surgeon needing to perform the exact same operation- this time with a carving knife. The surgeon- despite having the same skill level in each operation- would not be as proficient using the carving knife as he would the scalpel. In an end-of-life situation, not having a will is like forcing the surgeon to use the carving knife rather than the scalpel. He may be able to complete the surgery, but the odds of success are not as high as they would have been had the scalpel been available.
What do you own?
If you have built up a fair chunk of change in your life but have not stopped to figure out exactly what you own, then now is the time. This is known as inventorying your property. Most of us are moving so quickly through life that we cannot stop to look around and see what we have built up for ourselves. In a world that is constantly telling us to do more, run faster, and worry about the consequences afterward, I am here to tell you that you should be looking around your home, your investments and anywhere else you own property. Finding out what you own can be a surprising part of this process. It all goes back to being intentional. The more intentional you are the better planning you will undertake when your estate is concerned.
One of the great myths about estate planning is that it’s only for the rich. You might hear, “Only wealthy people have wills,” but that simply isn’t true. Many middle-class, working-class, and even young adults just out of high school have taken the time to create a will. Estate planning isn’t about how much you have—it’s about protecting what matters and ensuring your wishes are honored. Take the Prince estate battle, for example. Despite his immense wealth and fame, Prince died without a will, leading to years of legal disputes and uncertainty for his family. That’s why it’s critical to find your “why” when approaching estate planning. Whether it’s family, legacy, or peace of mind, once you have a reason, the process becomes much clearer—and much more necessary.
Develop your “why” and then you can fly
I wasn’t intending for that title to rhyme but here we are. Before you start the process of figuring out how much property you own, I recommend that you take some quiet time to figure out what is motivating you to create an estate plan in the first place. Is it your spouse with a health condition whom you want to provide for should something happen to you? What about your grandchildren? Have you become more involved at church and want to leave a substantial portion of your estate to them? Whatever the specifics are for your case you should be ready to help identify your why so that you can move forward with the estate planning process.
When you have a “why” in mind it will help you push past any adversity that you may face during the estate planning timeline. There may be times that come up when you would rather be doing anything else other than meeting with an attorney, figuring out your numbers, and then figuring out how to communicate your desires into a will. That person, church, cause, or other motivating factor will allow you to keep going through whatever adversity you face.
Why is an estate plan important?
Now that you have taken some time to figure out why you are creating an estate plan you should learn some about why having an estate plan is important at all. If your property was going to be left to your immediate family after you die anyway, why take the time and spend your money on a will and a lawyer?
One of the most crucially important parts of having a will is that doing so puts into writing your desires as far as an estate is concerned. You have worked hard to create your estate. The property, the cash, the savings, the peace of mind. The ability to control your destiny at least when it comes to controlling where your property ends up at your passing. This is not an automatic thing in Texas. We have already talked about how if you don’t have a will then this control will not be a part of your estate planning. Here is what you can expect to happen- or, rather, what your family can expect to happen after you die if you do not have a will.
Dying without a will means leaving your loved ones with even more uncertainty during an already painful time. Your family will be grieving your absence—missing your presence, your role as a leader, and the stability you once provided. In those moments of loss, families traditionally come together to remember and honor the deceased. Without clear instructions in a will, confusion and legal disputes quickly overshadow cherished memories. The Prince estate battle proves this—his deeply personal loss became a public legal mess because he left no will. Avoiding that kind of turmoil is one of the most important gifts you can leave your family.
The Prince estate battle: Why dying without a will creates financial and emotional turmoil for your family
In your family’s case, grief may quickly turn to worry. If you pass while still working, questions about the home, bills, tuition, and daily expenses will surface fast. They may know you had savings or investments, but without a clear will or plan, they face guesswork and stress about what comes next.
Your spouse and children look around your office, in the desk drawers, and anywhere else where you may have left a will. Finding nothing they quickly realize that despite a life well-led you did not draft a will. This means that a probate case will likely be necessary. That probate case will eat into the value of your estate and can cause a great deal of stress for the family. Your creditors must be notified and paid before anyone can distribute your property. For a family who may need money now to pay for essentials, the probate case can seem to take an eternity to complete.
The bottom line is this: when you pass away without a will, your family must search for legal answers instead of focusing on remembering you. Had you drafted a will your family would know your wishes know where things stand financially and have some peace of mind in a turbulent time. This is what estate planning is, ultimately. Not trying to save money or do what is best financially. Rather, this is an opportunity for you to do what is best for your family.
Deciding to whom your property should be left
Many people think about leaving everything to one person—like a spouse, child, or close friend—to simplify estate planning. That may sound convenient and might even align with your wishes, but in our experience, it often doesn’t reflect what people truly want. Take time to consider who in your life would value certain items, especially sentimental ones. Walk through your home, list meaningful belongings, and think about who would appreciate or need them most. Even the family home, if you’re unmarried, could be a powerful gift to someone who needs it. An experienced estate planning attorney can help you explore all your options.
When creating your will, think about the specific needs of your loved ones. If someone you know has medical needs or could benefit from financial support, you can plan for that. A will gives you the power to make thoughtful decisions that help others thrive after you’re gone. Without one, you’re leaving those choices to chance.
A probate court judge would utilize the Texas Estates Code when deciding on how to divide up property. This means that the letter of the law and not so much the judgment of the judge matters. Your spouse, children, and other immediate family would be first in line to receive property after you pass away. If that is not who you want your property to end up with then you need to act while you still can. Creating a will allows you to be in the driver’s seat when it comes to how your property will be divided and ultimately distributed.
What to learn from Prince and his situation
The Prince estate battle stands as a powerful reminder of what can happen when even the most successful individuals neglect to create a will. Prince, despite his legendary status, musical genius, and immense wealth, failed to leave clear instructions for handling his assets. That single oversight led to years of court battles, uncertainty, and confusion for his loved ones. While the outcome may have eventually benefited his siblings, no judge could truly know Prince’s personal wishes better than he did himself. You don’t need to be a celebrity to learn from his mistake. Creating an estate plan won’t bring you personal gain—but it can provide lasting security and peace of mind for your family. At the Law Office of Bryan Fagan, we’re here to help you take those essential first steps and ensure your legacy is protected.
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