Friday, June 7, 2019

More Aretha- Holographic Wills



It seems that I spoke too soon when I wrote my blog about Aretha Franklin dying without a will.  (http://tripaldredgelaw.blogspot.com/2018/11/aretha-prince-and-simple-need-for.html). According to the New York Times she had three wills – or as the reporters described the documents "the scrawled papers which are dated between 2010 and 2014, are at times barely legible, with cross‑outs, marginal notes and some salty tangents".

Apparently two of Ms. Franklin's sons oppose entering the documents as wills in the probate proceeding.  I am not exactly sure why but it appears that in one of the documents she treated her oldest son Clarence differently than her other three children, which may or may not be because he has some sort of special needs.  The article stated that the final document  drafted in 2014 divided the estate between her children and grandchildren.  If  Franklin were to be determined to have died intestate, then the estate would be equally divided between the four sons.  Michigan (where Ms. Franklin resided at the time of her death) appears to have a holographic will statute similar to the statute we have in Tennessee – which provides that if the document is written entirelyin the testator's handwriting and signed by the testator and expresses an intent to operate as a will – it should generally be admissible.

The important point here is that a holographic will is perfectly legal but it must be written entirely in the testator's own hand (i.e. not typed and then signed) – this is a mistake many people make.  Also there must be a witness available who can identify the deceased's handwriting.

The court in Michigan is going to hold a hearing sometime this month to evaluate the new documents.  Whatever the outcome, it's nice to see that Aretha will probably have the last word. 

























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