The Will in the Couch: What Aretha Franklin’s Estate Can Teach Us About Estate Planning
When Aretha Franklin died in 2018, it was initially believed that the legendary singer had died without a will. Then, months later, several handwritten documents were discovered in her home.
One was dated 2010 and had been found in a locked cabinet. Another, dated 2014, was tucked inside a spiral notebook found underneath couch cushions. The documents were difficult to read in places and contained crossed-out language and handwritten changes. More importantly, they did not say exactly the same thing.
That left Franklin’s family with a question that ultimately went to trial: Which document represented her final wishes?
In 2023, a Michigan jury determined that the 2014 document found in the couch was a valid will under Michigan law.
Franklin’s circumstances were unusual, but the issues behind the case offer some surprisingly practical estate planning lessons.
Having a Will Is Only Part of the Equation
A will cannot provide much guidance if no one knows it exists or where to find it.
Franklin’s handwritten documents were not discovered until months after her death. By that point, her estate was already being administered under the assumption that she had died without a will.
You do not necessarily need to give family members copies of your estate planning documents. Someone you trust, however, should generally know that you have a plan and how the appropriate documents can be located when they are needed.
A carefully prepared will tucked away somewhere no one would think to look can create an unnecessary problem for the people left behind.
More Than One Will Can Create Questions
Finding Franklin’s documents did not immediately resolve matters because there was more than one.
The 2010 and 2014 documents differed in significant ways, including provisions involving her sons, who would serve as executor, and what would happen to certain property. Those differences ultimately contributed to a dispute among her children over which document should control.
It is not unusual for someone to update a will during a lifetime. Circumstances change, and estate plans should be able to change with them.
The important part is making those changes properly and avoiding unnecessary uncertainty about which version represents your current wishes.
Informal Changes Can Create Formal Problems
Franklin’s 2014 document was handwritten in a spiral notebook and included crossed-out language and difficult-to-read passages. A jury nevertheless concluded that it qualified as a valid will under Michigan law.
That outcome should not be taken as encouragement to write estate planning instructions on whatever paper happens to be nearby.
Will requirements vary by state. A handwritten note, an alteration to an existing will, or instructions left with other papers may not accomplish what the writer expects.
For Virginia residents, changes to an estate plan should be made in a way that satisfies Virginia law and clearly establishes what the person intends.
Where You Keep the Original Matters
Franklin’s case also raises a very ordinary question: Where is your will right now?
If the answer requires some thought, imagine someone else trying to find it after your death.
Estate planning documents should be kept somewhere secure, but secure does not have to mean secret. The person who may eventually need the document should know how to locate it or whom to contact for assistance.
This is also a good reason to think about what happens to outdated versions when an estate plan is revised. Keeping multiple versions among household papers without any clear indication of which one is current can invite confusion. It is best practice to shred all old estate planning documents to avoid this confusion.
Clear Planning Can Reduce the Questions Left Behind
Franklin’s family spent years dealing with questions surrounding the handwritten documents discovered after her death. The 2014 will ultimately prevailed, and a judge later used it in determining how several of Franklin’s properties would pass to her sons.
Few estates involve celebrity homes, music royalties, or assets like Franklin’s. The underlying lesson, however, applies much more broadly.
A will should not only express your wishes. It should be properly prepared, kept somewhere it can be located, and updated in a way that leaves as little uncertainty as possible about which document represents your current intentions.
If you have an older will, multiple versions of estate planning documents, or questions about whether your current plan clearly reflects your wishes, our team at Wilson Law can help. Call our office at 866-603-5967, or reach out through our website and we will be in touch to schedule a consultation.
