A document handwritten by singer Aretha Franklin and found in her couch after her 2018 death is a valid Michigan will, a jury said Tuesday, a critical turn in a dispute that has turned her sons against each other.It's a victory for Kecalf Franklin and Edward Franklin whose lawyers had argued that papers dated 2014 should override a 2010 will that was discovered around the same time in a locked cabinet at the Queen of Soul's home in suburban Detroit.The jury deliberated less than an hour after a brief trial that started Monday. After the verdict was read, Aretha Franklin's grandchildren stepped forward from the first row to hug Kecalf and Edward."I'm very, very happy. I just wanted my mother's wishes to be adhered to," Kecalf Franklin said. "We just want to exhale right now. It's been a long five years for my family, my children."Aretha Franklin did not leave behind a formal, typewritten will when she died five years ago at age 76. But both documents, with scribbles and hard-to-decipher passages, suddenly emerged in 2019 when a niece scoured the home for records.In closing arguments, lawyers for two of Franklin's sons said there's nothing legally significant about finding the handwritten papers in a notebook in her couch. It's "inconsequential. ... You can take your will and leave it on the kitchen counter. It's still your will," Charles McKelvie said before the jury began deliberations.Kecalf and Edward have teamed up against brother Ted White II, who favored the 2010 will. White's attorney, Kurt Olson, noted the 2010 will was under lock and key. He said it's much more significant than papers found in a couch. Franklin's estate managers have been paying bills, settling millions in tax debts and generating income through music royalties and other intellectual property. The will dispute, however, has been unfinished business.There are differences between the 2010 and 2014 versions, though they both appear to indicate that Franklin's four sons would share income from music and copyrights.But under the 2014 will, Kecalf Franklin and grandchildren would get his mother's main home in Bloomfield Hills, which was valued at $1.1 million when she died but is worth much more today.The older will said Kecalf, 53, and Edward Franklin, 64, "must take business classes and get a certificate or a degree" to benefit from the estate. That provision is not in the 2014 version.White, who played guitar with Aretha Franklin, testified against the 2014 will, saying his mother typically would get important documents done "conventionally and legally" and with assistance from an attorney.Franklin was a global star for decades, known especially for hits like "Think," "I Say a Little Prayer" and "Respect."
PONTIAC, Mich. —
A document handwritten by singer Aretha Franklin and found in her couch after her 2018 death is a valid Michigan will, a jury said Tuesday, a critical turn in a dispute that has turned her sons against each other.
It's a victory for Kecalf Franklin and Edward Franklin whose lawyers had argued that papers dated 2014 should override a 2010 will that was discovered around the same time in a locked cabinet at the Queen of Soul's home in suburban Detroit.
The jury deliberated less than an hour after a brief trial that started Monday. After the verdict was read, Aretha Franklin's grandchildren stepped forward from the first row to hug Kecalf and Edward.
"I'm very, very happy. I just wanted my mother's wishes to be adhered to," Kecalf Franklin said. "We just want to exhale right now. It's been a long five years for my family, my children."
Aretha Franklin did not leave behind a formal, typewritten will when she died five years ago at age 76. But both documents, with scribbles and hard-to-decipher passages, suddenly emerged in 2019 when a niece scoured the home for records.
In closing arguments, lawyers for two of Franklin's sons said there's nothing legally significant about finding the handwritten papers in a notebook in her couch. It's "inconsequential. ... You can take your will and leave it on the kitchen counter. It's still your will," Charles McKelvie said before the jury began deliberations.
Kecalf and Edward have teamed up against brother Ted White II, who favored the 2010 will. White's attorney, Kurt Olson, noted the 2010 will was under lock and key. He said it's much more significant than papers found in a couch.
Aretha Franklin, the Queen of Soul, dead at 76
Franklin's estate managers have been paying bills, settling millions in tax debts and generating income through music royalties and other intellectual property. The will dispute, however, has been unfinished business.
There are differences between the 2010 and 2014 versions, though they both appear to indicate that Franklin's four sons would share income from music and copyrights.
But under the 2014 will, Kecalf Franklin and grandchildren would get his mother's main home in Bloomfield Hills, which was valued at $1.1 million when she died but is worth much more today.
The older will said Kecalf, 53, and Edward Franklin, 64, "must take business classes and get a certificate or a degree" to benefit from the estate. That provision is not in the 2014 version.
White, who played guitar with Aretha Franklin, testified against the 2014 will, saying his mother typically would get important documents done "conventionally and legally" and with assistance from an attorney.
Franklin was a global star for decades, known especially for hits like "Think," "I Say a Little Prayer" and "Respect."
FAQs
Key Facts. A Pontiac, Michigan, jury ruled a 2014 document found under couch cushions in Franklin's living room to be her valid will, according to the Associated Press, overruling another document—written in 2010—found inside a locked cabinet at her home.
Is a handwritten document found in Aretha Franklin's couch a valid will? ›
Will found in Aretha Franklin's couch is valid, jury says. A handwritten document signed by Aretha Franklin and found in a couch months after the singer's death is a valid will in Michigan, a jury decided Tuesday, ending a long dispute among Franklin's children, the Associated Press reported.
Did the jury decide Aretha Franklin's will? ›
After deliberating for less than an hour, the jury chose the will that was written in 2014 and found in Franklin's couch months after her death, according to the Associated Press. It names Franklin's niece Sabrina Owens and Franklin's son Kecalf Franklin as co-executors of the estate.
Was Franklin's will found in a couch? ›
Aretha Franklin's sons awarded valuable property after the singer's handwritten will, signed with a smiley face, discovered hidden in a couch. The will of Aretha Franklin, who died in 2018, has been disputed after two versions emerged. The newer one, dated 2014, was found buried in a couch.
What was found in Aretha Franklin's couch? ›
Franklin died in 2018 at the age of 76, and her family originally believed that she hadn't prepared a will. They eventually found four wills, including two handwritten documents, one from 2010 that was inside a locked safe, and the 2014 update in a spiral-bound notebook in the couch.
How valid is a handwritten will? ›
State laws usually require that a will is "in writing" but do not specify that it must be typed. A handwritten will that meets witness requirements is admissible to probate in most states. However, typing a will is preferred because it avoids forcing a judge to interpret the testator's handwriting.
What makes a hand written will valid? ›
To be valid in California, a handwritten will must be entirely in the handwriting of the testator, the person creating the will, and signed by the testator. Anyone who creates a will in California must be at least 18 years of age.
Why did Aretha Franklin leave her first husband? ›
After a contentious marriage that was marred by domestic abuse, Franklin separated from White in 1968 and divorced him in 1969. She married actor Glynn Turman, on April 11, 1978, at her father's church. By marrying Turman, Franklin became stepmother of Turman's three children.
Who did Aretha Franklin leave her fortune to? ›
In the later will, three of Franklin's sons — all except Clarence — would receive equal shares of their mother's music royalties, but Kecalf and his children would receive more of Franklin's personal property. According to the document, Kecalf would receive his mother's primary home in Bloomfield Hills, Mich.
Is it true or false that Aretha Franklin was the first woman to be inducted into the Rock & Roll Hall of Fame? ›
Introduction. Lady Soul. The first woman inducted into the Rock & Roll Hall of Fame, Aretha Franklin was an artist of passion, sophistication and command, whose recordings remain anthems that defined soul music. Long live the Queen.
In 2019, Franklin's niece found three handwritten documents around the singer's home in suburban Detroit. One, dated 2014, was found underneath a couch cushion. Two of Franklin's sons, Kecalf and Edward Franklin, argued through their lawyers that they wanted the latter note to override a separate will written in 2010.
What were Franklin's last words? ›
Reportedly, Franklin's last words were, “A dying man can do nothing easily.” Newspapers in Boston said that Franklin had been ill for several weeks, and they made sure readers knew that Franklin was born there.
Will found in couch cushion? ›
Aretha Franklin's Handwritten Will—Found Underneath Her Couch Cushion—Is Valid, a Michigan Jury Declares. The decision paves the way for the distribution of the legendary singer's estate, including music royalties.
Did Aretha Franklin change clothes during funeral? ›
Detroit — Despite the hullabaloo over Aretha Franklin's rotating garb at her funeral, a family member said the clothing choices didn't involve a lot of planning. "It just happened," said Franklin's niece, Sabrina Owens. "It was just something that we didn't think about."
Who fathered Aretha Franklin's baby when she was 12? ›
Aretha was a preteen at the time and never publicly revealed who Clarence's father was. She later confirmed in a handwritten will that Edward Jordan Sr.
What happened to Aretha Franklin's son? ›
Son Clarence Franklin lives in assisted housing under a guardianship and was not involved in the legal dispute. The two wills seem to indicate that the income from Franklin's music and copyrights be split among the sons equally, but a hearing about the matter was scheduled for January.
Is hand written document legal? ›
There are no legal differences between typed and handwritten agreements when it comes to enforceability. When most people think of a contract, a formally typed, the professional contract usually comes to mind.
Are handwritten documents legal? ›
Handwritten agreements are also often used for more simple contracts such as IOUs and promises of a raise. It is important to note that even if a written requirement is required under the Statute of Frauds, a handwritten agreement will still work to make the document legally binding.
Is a signed piece of paper a valid will? ›
A handwritten will is also known as a “holographic” will in California. Under California Probate Code Section 6111, a handwritten will may be valid in California if the signature and “material provisions” of the will are in the handwriting of the person making the will.
Is a will written on a napkin valid? ›
Wills Must Be in Writing
Theoretically speaking, even a will scrawled on a napkin would be legally valid––but a valid will must be in writing. If an individual attempts to attest their will as an oral statement, whether in recording or to a witness, it will be invalidated by probate courts in California.
