Aretha Franklin's Sons Locked in Legal Battle Over Her Handwritten Wills 5 Years After Her Death

By Ashley Turner

Aretha Franklin's final wishes five years after her death remain unclear. On Monday, a trial will begin to determine which of two handwritten wills, including one found inside a couch cushion, will govern her estate. Despite years of illness and efforts to finalize a formal, typewritten will, the Queen of Soul would never draft one. It is, however, possible to treat other documents that contain scribbles, scratch-outs, and difficult-to-read passages as her commands under Michigan law. Among the sons involved in the dispute, Ted White II believes a 2010 document should mainly control the estate, whereas Kecalf Franklin and Edward Franklin advocate using a 2014 document. A month after Franklin's death from pancreatic cancer at 76, both were found in her suburban Detroit home, reported ET Canada. After Franklin's died, it became apparent she had passed away without a will, which meant her four sons would likely have to share her assets of millions, including real estate in suburban Detroit, furs, gowns, jewelry, and future royalties. Sabrina Owens, a niece, was appointed executor or personal representative.

According to the outlet, in spring 2019, Owens reported that a handwritten will dated 2010, which had been hidden in a cabinet, had been found, along with a handwritten will dated 2014, obscured beneath cushions at Franklin's home. Even though the two documents differ in some respects, it appears that the sons would both share income from music and copyrights, making this a more straightforward matter than others. "The interesting thing here … is her legacy and the management of her legacy and her royalties and the operation of the Aretha Franklin business in the future. That's huge," Pat Simasko, who specializes in wills and estates and teaches elder law at Michigan State University College of Law, told ET Canada. Kecalf and Edward Franklin are required to take business classes and obtain a certificate or a degree before being allowed to inherit the estate under the older will, which names White and Owens as co-executors. There is no mention of business classes in the 2014 version, which crosses out White's name as executor and replaces him with Kecalf Franklin. Kecalf Franklin and grandchildren would receive the main property of his mother in Bloomfield Hills, worth $1.1 million when she passed away but much more today. "It's the crown jewel," Craig Smith, attorney for Edward Franklin, told ET Canada.

The singer wrote in 2014 that her gowns could be auctioned or donated to the Smithsonian Institution in Washington. She also indicated that her oldest son, Clarence, who lives under a guardianship, must be supported regularly. "Two inconsistent wills cannot both be admitted to probate. In such cases the most recent will revokes the previous will," said Charles McKelvie, an attorney for Kecalf Franklin, in a court filing supporting the 2014 will. However, White's lawyer, Kurt Olson, said the 2010 will had been signed and notarized, while the later version was "merely a draft." "If this document were intended to be a will there would have been more care than putting it in a spiral notebook under a couch cushion," Olson told the outlet. An informal will can be used in Michigan to fulfill final wishes, according to law instructor Simasko. "If you're sitting there on a Sunday afternoon and you start handwriting your own wishes, the law allows it as long as the rules are followed: It's in your handwriting, it's dated and it's signed," he said.

Three executors have handled the estate of Aretha Franklin at different times for five years. Owens resigned in 2020, citing a "rift" among the sons. Reginald Turner, a local lawyer and former president of the American Bar Association, succeeded her. According to his last accounting filed in March, the estate generated $3.9 million during the previous 12 months and spent a similar amount, including more than $900,000 on legal expenses. According to court filings, the estate had paid the Internal Revenue Service at least $8.1 million since 2020, when it had a tax claim after the singer died. "The IRS claims took priority. The estate wasn't going anywhere until the IRS got paid off," Smith said. A total of $4.1 million was attributed to Franklin's assets, primarily cash, and real estate, but her creative works and intellectual property were undervalued at just $1.

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