As someone who appreciates music, you are likely familiar with the legendary Aretha Franklin, the undisputed Queen of Soul. Franklin’s exceptional talent led her to sell over 75 million records, win 18 Grammy Awards, and be recognized as one of the 100 Greatest Artists of All Time. However, her passing in 2018 brought to light a complex situation that serves as a valuable lesson for all of us when it comes to estate planning.
Aretha’s Couch Will
Months after she died, Franklin’s niece discovered three handwritten documents concealed under a couch cushion in her house. Among them was a handwritten will dated 2014. Two of Franklin’s sons argued that the 2014 handwritten will should supersede a separate will from 2010, which had been securely stored under lock and key. In contrast, a third son believed the 2010 will should prevail. On Tuesday of this week, after nearly five years of legal battles, a Michigan jury ruled that the 2014 handwritten document was indeed a valid will.
What are the Lessons?
The last thing any of us want is for our loved ones to endure the anguish of fighting over our possessions or undergo the stress and financial burden of a lengthy court battle. That’s why it is crucial to learn from Franklin’s experience. Allow me to share the key lessons we can extract from this situation, which emphasize the importance of professional estate planning:
- Avoid the Risks of DIY Estate Planning: While Franklin’s DIY will was ultimately deemed valid, it necessitated years of litigation and likely incurred hundreds of thousands of dollars in legal costs. Opting to work with an estate planning professional would have not only been more cost-effective but also significantly better for family harmony (pun unintended).
- Explicitly Revoke Prior Wills: If you decide to create a new will with the intention of replacing any previous versions, it is essential to include specific language revoking those prior wills within the new document. An estate planning professional can provide you with precise guidance tailored to your jurisdiction’s laws and requirements on revoking a will.
- Communicate Your Intentions: While it may seem challenging, initiating conversations with your loved ones about your estate plan can greatly reduce confusion and potential conflicts among your family members after your passing. Openly expressing your wishes and ensuring everyone is on the same page is a thoughtful way to protect your family’s future.
Consult with a Jacksonville Estate Planning Lawyer
If you have any questions or concerns regarding your estate plan, we are here to provide you with the support and guidance you need. You don’t have to navigate these challenging decisions alone. Reach out to our law firm at 904.206.7091 for support and advice tailored to your family’s situation.
