Jury Decides in Long-running Dispute Over Aretha Franklin’s Will
Aretha Franklin’s 2018 death resulted in mourning around the world. It also sparked a will dispute between two of her children. Now, however, it appears the will dispute might finally be over, so her family can move forward.
Dispute Over Aretha Franklin’s Competing Wills
Following Aretha Franklin’s death, her niece searched through her home looking for any wills or other estate-planning documents. She discovered a notebook inside one of the couches. The notebook contained a handwritten document dated 2014 with a signature that allegedly was Aretha Franklin’s.
An earlier will had been drafted in 2010 and was written by Franklin’s legal counsel. This will was locked away. Two of Franklin’s sons disagreed about whether the 2010 or the 2014 will controlled, and a will contest was filed in the probate court.
The case finally went to a jury trial in July 2023. The jury found that the 2014 will, and not the 2010 will, controlled. Since it was written later and deemed valid by the jury, this means that the provisions contained in the 2014 handwritten will control how Aretha Franklin’s estate will be divided.
The 2014 will provides that one of the two sons will receive Franklin’s house, which the 2010 will did not. Another difference is that the 2010 will stated that two of the three sons would have to obtain a degree or certificate, but this requirement was left out of the 2014 will. One of the two sons that would have been required to meet an educational requirement currently lives in an assisted living center.
The jury’s decision appears to have ended the dispute. The son who had argued for the 2010 will to be upheld did not state whether he would appeal the decision.
Understanding Holographic Wills
Holographic wills are handwritten, and they might or might not be witnessed. In many states, holographic wills are not recognized as legally valid. However, New Jersey does recognize holographic wills and doesn’t require them to be witnessed.
Franklin lived in Michigan, which also recognizes holographic wills. While a will can be handwritten in Michigan and New Jersey, writing a will by hand is not the best option. Instead, it’s best to work with an estate planning lawyer for help with drafting a will and administering your estate. Holographic wills are much likelier to be challenged in the probate court, which can greatly extend the time required to administer the estate and distribute the proceeds to the beneficiaries.
Will Contests and Holographic Wills
After someone dies, the executor, who is the person named in the will to administer the estate, files the testator’s will in the probate court. The executor must notify all people who have an interest in the estate, and any of them can object to the will.
There are various grounds to challenge a will. However, when there are competing wills and the later-written one is holographic, a will contest is likely. Unless the holographic will adheres to the legal requirements, it could be disregarded. In that situation, the earlier written will would be validated. The proceeds of the estate would then be distributed according to the terms of the earlier will even though the testator made changes in the later-written holographic will.
Normally, a person’s final will is the only one that is valid. Earlier-written wills are invalidated unless the last will is successfully challenged.
Another issue can occur if a holographic will is found to be invalid by the court and is thrown out even though the decedent did not have another will. If that occurs, the proceeds of the decedent’s estate will be distributed under the state’s intestacy laws instead of according to the decedent’s wishes. To prevent unintended consequences, it’s best to have your will drafted by a qualified estate lawyer than to try to write it yourself.
Get Help From an Experienced Estate Administration Lawyer
If you are thinking about writing a will or need help with administering your loved one’s estate, you should talk to an experienced estate attorney at the Knee Law Firm in New Jersey. Our attorneys have more than 60 years of combined experience and are prepared to help you with your estate needs. Schedule an appointment with an attorney at the Knee Law Firm, LLC by calling us at 201-996-1200.