Aretha Franklin's handwritten will discovered in couch found legally valid

A Michigan jury has ruled that a document found in a notebook in the late Queen of Soul Aretha Franklin's couch is a legally valid will. Sabrina Owens, Franklin's niece, found the document lodged under couch cushions at Franklin's home in suburban Detroit, several months after her death in 2018.

It was initially reported that Franklin had left no will, prompting her family to conduct a thorough search of the property where three separate handwritten documents were uncovered. Two were dated 2010, and found in a locked filing cabinet. The third, dated 2014 was in the notebook found in the couch.

What should happen with Franklin's estate has become a battle-ground between different members of the family triggering growing animosity between her sons, three of whom are involved in the resultant court proceedings. The 2010 documents are favoured by Franklin's third son, Theodore White II, and name him as co-executor along with Owens, who found the documents.

Owens stepped down from her role as executor in 2020, writing in a court filing, "Given my aunt's love of family and desire for privacy, this is not what she would have wanted for us, nor is it what I want," adding "I love my cousins, hold no animosity towards them, and wish them the best."

White and his lawyer have argued in lengthy court cases over the past five years that the 2010 will should be regarded as the primary will despite being older, as it was found in a more secure location.

Scan of 2010 document from Oakland County Probate Court courtesy of New York Post

Oakland County Probate Court

Most U.S states have laws classifying these kinds of unofficial wills as legally invalid, but Michigan law allows handwritten documents to be treated as legally binding, as long as certain other conditions are met.

Franklin's second and fourth sons, Edward and Kecalf Franklin, argue that the 2014 document should be taken as the primary will because it is the most recent.

The 2014 will would see Kecalf replace White as co-executor. He and his grandchildren would also inherit her famed gated mansion in Detroit, worth an estimated $1.2 million, or €1,088,949.

Scans of the 2014 documents from Oakland County Probate Court were first published by the New York Post.

Okland County Probate Court

Oakland County Probate Court

The 2010 will stipulates that Edward and Kecalf must "take business classes and get a certificate or a degree" in order to access benefits from the estate, but the 2014 document does not. The 2014 will also asks that Franklin's gowns be either auctioned off or donated to the Smithsonian museum.

All three documents appear to call for an even split of royalties amongst the four sons. Though Franklin's estate was valued at $80 million after her death in 2018, more recent valuations taking into account unpaid taxes put the current value closer to $6 million, according to a recent inventory filed in court.

Franklin's eldest son, Clarence, is not participating in the court case, as he is living under legal guardianship.