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Artist News Legal
Aretha Franklin’s children appear in court over will dispute
By Chris Cooke | Published on Tuesday 11 July 2023
A court in Michigan heard testimonies from Aretha Franklin’s children yesterday in a dispute over the late musician’s will. Franklin’s sons disagree over whether documents from 2010 or 2014 best represent their mother’s wishes in terms of how her estate should be managed.
Following Franklin’s death in 2018 two documents were found at her home, both of which could be considered her last will and testament.
The one written in 2014 is obviously the more recent. However, it was written in two different ink colours, has a number of blank spaces and was found under a sofa cushion. The earlier document from 2010 was completed, signed on every page and stored in a locked desk with other important paperwork.
Which document is considered Franklin’s will is important because there are some key differences between them, meaning that each document favours different children.
The 2010 document lists one of her sons, Theodore Richard White, as co-executor, alongside Franklin’s niece Sabrina Owens. It also states that two of her other sons, Kecalf Franklin and Edward Franklin, should receive schooling before benefiting from the estate.
But the 2014 document makes Kecalf the co-executor instead of Theodore, and removes the schooling requirement for both him and Edward.
Therefore, unsurprisingly, Theodore argues that the 2010 document should be considered his mother’s last will and testament, whereas Kecalf and Edward argue that that document is superseded by the less formal 2014 document.
According to Law360, a legal rep for Kecalf told the court yesterday that the 2014 document begins “being of sound mind, I write my will and testimony” and is signed at the bottom, and that’s all that is required for said document to be legally binding.
The fact it was stored under a cushion is irrelevant, he added. After all, “why would anyone sign the document if it was supposed to just be a draft?”
Kecalf himself said it wasn’t surprising that the 2014 document was found under a cushion, because his mother often slept on the sofa and wasn’t known for keeping a tidy home. The document was definitely in his mother’s handwriting, he added, and the signature included the smiley face that Franklin often added to the ‘A’ in her name.
However, the lawyer representing Theodore argued that if a person expects a document to be their last will and testament, that document is more likely to be fully completed and stored in a safe place.
Theodore himself stressed that all of his mother’s other important documents were “done conventionally and legally” and with “attorneys involved”, making it unlikely she intended the 2014 document to be in any way binding.
Further arguments will be presented in court later today before a jury makes a decision on which document to enforce.
In addition to the two documents, there are also voicemail messages that Franklin left with a lawyer in 2018 about making a new will. However, the judge hearing the case decided those are not relevant and said that they couldn’t be played to jurors.
Meanwhile, Franklin’s fourth and eldest son, Clarence Franklin, who has a disability and lives in an assisted living facility, confirmed before this week’s court case that he had reached a settlement regarding his interests and would therefore not participate in the legal battle.
