When a Couch Holds a Fortune: The Legal Takeaways from Aretha Franklin’s Handwritten Wills
- Colin McMichen
- May 5
- 5 min read
Updated: Aug 18
Aretha Franklin gave the world decades of unforgettable music—but in death, the Queen of Soul left behind a cautionary tale about what can happen when estate planning is delayed or handled informally.
Following her passing in 2018, it was initially believed that Franklin had died intestate—without a valid will. In that case, her multimillion-dollar estate would have been distributed equally among her four sons under Michigan’s intestacy laws. However, what unfolded instead was a complicated and highly public probate battle after multiple handwritten wills were discovered in her Detroit home. At issue were two documents: one from 2010, found in a locked cabinet, and another from 2014, discovered in a spiral notebook stuffed under a couch cushion. Each version of the will contained different instructions for how her estate should be distributed.
The legal dispute between Franklin’s sons centered on which of the handwritten documents should be treated as her true last will and testament. Under Michigan law, handwritten wills (known as holographic wills) can be legally recognized, even without witnesses, so long as they meet certain statutory requirements. The differences between the wills were far from minor: the documents allocated assets differently and named different executors. Additionally, the 2010 will required two of her sons to take business classes and obtain a certificate or degree in order to benefit from her estate.
The probate litigation stretched over several years, and in 2023, a Michigan jury ruled that the 2014 handwritten will—the one found in the couch cushion—was valid. That decision effectively revoked the 2010 will and reshaped the distribution of Franklin’s estate. By the time the matter was resolved, the cost—both emotional and financial—had already taken its toll on the family.
While this case involved a music icon, the legal issues it raised are common. Whether your estate is valued at $500,000 or $50 million, failing to create a clear, legally enforceable estate plan can lead to confusion, family conflict, and expensive court proceedings.
Why This Matters for Everyday Families
You may not be a global superstar, but the risks of informal or outdated estate planning apply to anyone with a family and assets to manage. Here are the key lessons from the Aretha Franklin estate dispute:
1. Unclear Estate Plans Can Tear Families Apart
Without a clear, legally executed will or trust, loved ones may be left to interpret your intentions on their own—often through emotional and costly litigation. A properly drafted estate plan provides peace of mind and prevents unnecessary stress during an already difficult time.
2. Handwritten Wills Are Legally Risky
While some states allow handwritten wills, they are easily challenged in probate court. Multiple versions can create confusion over which one governs, and ambiguous language often leads to differing interpretations. A professionally prepared will or trust is far more likely to be upheld and honored without dispute.
3. Estate Planning Documents Must Be Stored Safely
A will can only be honored if it is found and clearly recognized. Finding a will under a couch cushion is far from ideal. Keep all estate planning documents—including your will, trust, powers of attorney, and healthcare directives—in a secure but accessible location. Ensure that a trusted individual knows where they are and how to access them when needed.
4. Family Disputes Over Estates Can Be Costly
Even among close family members, disputes over an estate can quickly become adversarial. Legal battles may last for years and incur substantial legal fees. In Franklin’s case, her children were forced to publicly litigate her wishes—something that a clear estate plan could have prevented.
5. Delaying Planning Creates Unnecessary Risk
Even as her health declined, Franklin failed to put a formal estate plan in place. Many people put off creating a will or trust because it feels overwhelming. However, failing to act can leave your family with uncertainty, legal complexity, and unresolved conflict.
6. Keep Your Estate Plan Updated
Having multiple handwritten wills—written at different times—further complicated Franklin’s case. Life circumstances change, and your estate plan should change with them. Whether due to divorce, death, new beneficiaries, or a significant change in assets, regular reviews with an estate planning attorney are essential to ensure your plan reflects your current wishes.
State Law Requirements: Wills in Alabama and Florida
Understanding the legal requirements for creating a valid will in your state is crucial.
Alabama
In Alabama, any individual who is at least 18 years old and of sound mind may execute a will. The will must be:
In writing,
Signed by the testator (the creator of the will), or by someone directed to sign on their behalf, and
Signed by two witnesses, who must see the testator sign or acknowledge the signature, and sign in the presence of each other and the testator.
Florida
In Florida, any individual who is at least 18 years old and of sound mind may execute a will. The will must be:
In writing,
Signed by the testator,
Witnessed by two competent individuals and notarized in the special manner provided by law for wills, and
Signed by all parties in the presence of each other.
Self-Proving Affidavits: Streamlining Probate
Both Alabama and Florida allow the use of self-proving affidavits as part of the will execution process. A self-proving affidavit, signed by the testator and witnesses in the presence of a notary public, acts as formal proof of the will’s validity. This document eliminates the need for witnesses to testify in probate court, which simplifies the administration of the estate and underscores the importance of proper execution during the estate planning process.
Your Legacy Deserves a Plan
Aretha Franklin’s legacy will live on through her music—but her estate serves as a reminder of the risks that come with informal or delayed estate planning. A valid will or trust not only distributes your assets but also protects your family, reduces confusion, and ensures your wishes are carried out with dignity.
Your Next Step
As you move forward with your estate planning, we invite you to contact our team at Provident Law / Estate Planning LLC. We are committed to making estate planning easy and will guide you through the process, ensuring your plan is tailored to your unique needs and goals. Whether you are creating a will, establishing a trust, planning for incapacity, or reviewing existing documents, we are here to provide the personalized guidance you need. Reach out today to schedule a consultation and take the next step to give your family peace of mind.
About the Author
Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families make estate planning easy.