Aretha Franklin’s Couch Will Is Valid, Ending Her Children’s Dispute over Her Estate
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A handwritten will found among couch cushions in Aretha Franklin’s suburban Detroit home is valid, ending a court dispute among her children over control of her estate.
The “Queen of Soul” had four sons, and three of them contested the legitimacy of multiple sets of papers found inside Franklin’s home after her 2018 death from pancreatic cancer. After less than an hour of deliberation on Tuesday, a jury ruled that a 2014 will buried among her furniture revoked a previous version from 2010.
At stake were control of her former residence in Bloomfield Hills, Michigan, and other assets in an estate believed to be valued around $80 million, according to the New York Post.
Here’s what you need to know about Franklin’s children and their previous disagreement over her estate.
What Was the Lawsuit About?
According to The Associated Press, Franklin, who was 76 when she died, didn’t have a formal typed will in place at the time of her passing. This meant that, under Michigan law, her four sons would share millions of dollars in assets, including real estate, personal items, and future royalties from Franklin’s music. Her niece, Sabrina Owens, had agreed to be the executor.
However, a thorough inspection of Franklin’s home in 2019 revealed three sets of documents—two from 2010 and one from 2014—naming different executors of the estate. The latter was found inside a notebook located underneath couch cushions.
Michigan law allows unofficial documents, even ones with scribbles and passages scratched out, to be treated as final commands as long as they are dated and signed. So even though a 2010 will was notarized, the legal team for Aretha’s son Kecalf Franklin argued the later will revokes the previous one.
According to The Washington Post, the jury in the case ruled Franklin had officially signed the 2014 document by writing the letter “A” with a smiley face in it.
What Were the Will Differences?
Franklin’s third son, Ted White II, was seeking for validation of the 2010 will, which named him and her niece Owens as co-executors. It also stipulated that sons Kecalf and Edward Franklin “must take business classes and get a certificate or a degree” to benefit from the estate.
Conversely, Kecalf and Edward favored the paperwork from 2014 that crossed out White’s name as an executor and adds Kecalf in his place—with no business class stipulation attached. The jury agreed. As a result, Kecalf and his children now stand to receive Aretha’s Bloomfield Hills home that was valued at $1.1 million when she died. “It’s the crown jewel,” Craig Smith, an attorney for Edward, told AP.
Additionally, Franklin wrote in 2014 that her gowns should either be auctioned off or donated to the Smithsonian Institution in Washington. Much of the four-page document was reportedly hard to decipher, however, and contained words scratched out and phrases written in the margins.
“We just want to exhale right now,” Kecalf told The New York Times on Tuesday. “It’s been a long five years for my family and my children.” However, The Washington Post reported there will be further discussion about stipulations from the 2010 will that may be valid, as well as whether Kecalf could become executor of the estate.
In both cases, the singer indicated in writing that her oldest son, Clarence, who lives under a guardianship, must receive regular financial support. According to The New York Times, Clarence was diagnosed with mental illness in court papers and, as of 2019, resided in a group home outside Detroit.
Who Are Aretha Franklin’s Children?
Clarence Franklin, now 68, was born in 1955 when Aretha was only 12 years old. For years, his father was believed to be a former classmate of Franklin named Donald Burke. But in the uncovered wills, Franklin cited Edward Jordan Sr. as his father.
Edward Franklin, 66, is the second of Aretha’s children, also fathered by Jordan. Edward tried to embark on his own music career by becoming a gospel singer.
Ted White II, 59, is the child of Franklin and her former manager Ted White, whom she married in 1961. They divorced a little over seven years later in 1969. Known as Teddy Richards, the younger White played guitar on stage for his mother.
Kecalf Franklin, 53, is the son of Aretha and her former road manager Ken Cunningham. Like half-brother Edward, Kecalf has ventured into the music business. He has performed as a Christian rapper under the name Kecalf Cunningham.
According to The New York Times, Clarence, Edward, and Kecalf were raised together in the Detroit area and formed a tight-knit bind until Clarence moved into a series of assisted living facilities. Meanwhile, White II was primarily raised by his father’s family.
But the discovery of the contrasting wills created an immediate rift among the group, which Owens cited as her primary reason for stepping down as executor in January 2020. “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,” Owens said in a court filing.
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