Why Are the Notes Found in Aretha Franklin’s Couch a Valid Will?
The late Queen of Soul’s discovered notes had to meet certain Michigan requirements to be considered a valid will. The outcome might have been different in other states.


Aretha Franklin was known as the Queen of Soul. She will be forever remembered for her musical legacy, which includes “(You Make Me Feel Like) A Natural Woman,” “Respect,” “I Say a Little Prayer” and “Chain of Fools.” She died in 2018 at the age of 76 from pancreatic cancer.
Franklin’s entertainment attorney for almost 30 years, Don Wilson, indicated that Franklin was “a very private person who did not want to share private information” with others, including an attorney, which is why she would write her wishes and estate plan informally by herself.
Franklin prepared a 2010 will that was securely maintained. The 2010 will was discovered in a locked cabinet in her home. That will was not formally typed, but it was written in her own hand. This type of handwritten will is referred to as a “holographic will.”

Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Each state has its own requirements for a holographic will to be valid. In Michigan, where Franklin lived, the document must be substantially written in the maker’s own hand, be dated and be signed. These requirements are critically important for the Queen of Soul’s estate. Alternatively, a formal “typed” will, such as a will prepared by an attorney, must be signed in the presence of two witnesses.
Michigan jury considers notes a valid will
Two crumpled notes were found after her death underneath Franklin’s couch cushions. Those notes, taken together, were determined by the Michigan court to constitute a valid will. Those notes were dated in 2014 (after the 2010 will). The notes were written entirely in Franklin’s own hand and signed with a smiley face and “A. Franklin.” The Michigan court determined that these “couch notes” constituted a valid will under Michigan law.
Both the 2010 will and the 2014 will provided for Franklin’s four sons to share income from music and copyrights. However, the 2014 will left Franklin’s primary residence to her son Kecalf Franklin and her grandchildren. That home was valued at $1.1 million at the time of her death in 2018 but is worth substantially more now.
The 2010 will required her sons Kecalf Franklin and Edward Franklin to take business classes and obtain a certificate or degree to benefit from the estate. That requirement was not present in the 2014 will. When a court is presented with multiple documents as the decedent’s will, only the last or most recent will controls.
However, the court will also consider whether the second writing is an informal amendment to the first. In other words, can the two documents be read together, or are there inconsistencies that prevent that interpretation? Note that all formally lawyer-prepared wills typically begin with this or a similar sentence: “This is my last will and testament, and I revoke all prior wills” to prevent such an analysis.
Here, the court determined that the “crumpled notes in the sofa” alone constituted Aretha Franklin’s final controlling will. Under Michigan law, the decision that this was a valid will was made by a jury.
How the case might have played out in other states
In California, California Probate Code Section 8252 generally provides that the court (and not a jury) will try and determine contested issues of fact that affect the validity of a will. In California, this would likely have been decided by a judge and not a jury. A judge may have reached a different conclusion due to the interlineations and scribbling, which may not have been viewed as a final expression of her wishes.
Note that Florida does not recognize handwritten wills that are not signed in the presence of two witnesses. If in Florida, Franklin would have been intestate (not having a will), and the beneficiaries would be determined under the Florida probate code.
Most people seek to avoid formal probate court proceedings because the cost is higher, that process takes more time, and all information, including asset information, is completely available to the public as public information.
Franklin’s estate was, at one time, valued at over $80 million. This was substantially reduced by estate tax, the legal fees resulting from years of litigation between her family members, probate court costs and related fees and other unpaid taxes.
Proper planning could have avoided virtually all of those costs and expenses. A revocable trust could have been used to avoid probate costs and expenses. Estate tax planning with irrevocable trusts and other entities could have entirely avoided the estate tax liability.
The legacy left to her children could have been provided in a secure asset protected formally. She could have better planned to pass down her family values and priorities. Instead, the family was embroiled in expensive, long-lasting litigation to resolve this dispute.

Founder of The Goralka Law Firm, John M. Goralka assists business owners, real estate owners and successful families to achieve their enlightened dreams by better protecting their assets, minimizing income and estate tax and resolving messes and transitions to preserve, protect and enhance their legacy. John is one of few California attorneys certified as a Specialist by the State Bar of California Board of Legal Specialization in both Taxation and Estate Planning, Trust and Probate.
-
-
Stock Market Today: Stocks Waver as Government Shutdown Looms
Rising yields, higher oil prices and Washington's march toward its first shutdown since 2019 sapped risk appetite.
By Dan Burrows Published
-
New California Gun and Ammo Tax Becomes Law: What to Know
Gun Taxes A new California gun control law doubles the tax on guns and ammunition purchased in the state.
By Kelley R. Taylor Published
-
Focusing Too Much on a Bull Market Could Lead You Astray
When a bull market is driven by only a handful of stocks, not all investors will benefit from the gains. What should you look at instead?
By Kurt Fillmore, Investment Adviser Published
-
Advisory Annuities Let You Eliminate the Middlemen
With a traditional annuity, multiple entities take a cut before you get yours, but there’s a new, interesting option that, for some, is worth considering.
By Samuel V. Gaeta, CFP® Published
-
Life Insurance Really Can Be Affordable and Uncomplicated
Many consumers think life insurance is pricey and complicated, but the truth is you can start small, and online tools make purchasing a policy easier than ever.
By Salene Hitchcock-Gear, President of Prudential Individual Life Insurance Published
-
Mutual Funds Reality Check: Are You Really Diversified?
You might be invested in multiple mutual funds, but they might be invested in the same stocks. Here’s how to go about fixing that.
By Dan Sullivan Published
-
Why Now Could Be a Good Time to Invest in Oil and Gas
Demand for energy is strong and supply has gotten low, and while clean energy is making strides, it’ll take a while before it dominates. Here are three ways to invest in oil and gas.
By Daniel Goodwin Published
-
Real Estate Agents Save the Day When Tenants’ Rights Violated
Protecting tenants' privacy in photos of occupied homes for sale or rent is the law. A lawsuit takes time, so kudos to these agents for their immediate action.
By H. Dennis Beaver, Esq. Published
-
Your Home Would Be a Terrible Inheritance for Your Kids
Home may be where the heart is, but after it’s inherited, it’s where heirs have to manage upkeep and deal with family conflicts related to what to do with it. What should parents do instead?
By Kristen Sieffert Last updated
-
You’ve Just Sold Your Business: Now What?
The transition into a new phase of life after selling your baby can be difficult, especially if you were reluctant to sell, but here’s how to refocus.
By Dennis D. Coughlin, CFP, AIF Published